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1.
Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking.  相似文献   

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Although anatomically detailed dolls are becoming the most commonly used tool in the validation of sexual abuse allegations, their use is not without significant problems. This evaluation of the psychometric properties of the dolls using the existing empirical literature reveals that there is considerable difficulty in the standardization of the dolls, administration and scoring procedures, and training in the doll's use. Furthermore, appropriate norms have not been developed. Although good interobserver reliability has been reported, the construct and criterion-related validity has not been demonstrated consistently. The current lack of an empirically based psychometric foundation does not support the use of the dolls in validation interviews, nor the admissibility of doll-based evidence in legal proceedings.  相似文献   

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A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. Elizabeth Adeney begins this work with the observation thatmoral rights  相似文献   

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The behaviors and verbalizations of normal, preschool age boys and girls during interactions with sexually anatomically detailed (SAD) dolls were examined. A structured, nonsuggestive interview with each child was videotaped, and five behaviors and five verbalizations were coded for each of five phases of the interview. A two-way ANOVA (gender × phase) showed that during those phases when the dolls were undressed, both boys and girls showed more sexual exploratory play, aggressive behavior which was nonsexual, and active avoidance. Across all phases, nonsexual aggression accounted for 31% of the boys' and 22% of the girls' total responses. Behavioral and verbal sexual exploratory play represented 42% of the boys' responses and 50% of the girls' responses. In contrast, sexually aggressive behavior accounted for only 1% and 2% of the boys' and girls' responses, respectively. Girls interacted with the dolls more than did boys. Additionally, girls demonstrated more affection to the dolls than did the boys, and boys displayed more anxiety with the dolls than did girls. Investigators should be cautious as to inferences about preschoolers' interactions with SAD dolls, especially interactions of a sexual or aggressive nature which do not clearly depict fondling or intercourse.  相似文献   

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The present study examined nonabused children's responses to anatomically detailed (AD) dolls among diverse populations. Thirty six low-income, predominantly African-American preschoolers from a Head Start center participated in an AD interview. Interviews were videotaped and coded for the presence of eight behaviors and eight parallel verbalizations. Results indicated that the children spent the majority of the interview without engaging in any behaviors which are often associated with sexual abuse. Sexual interaction between the dolls was seldom demonstrated, particularly when compared to exploration of the dolls' genitalia. Some differences were noted in the way low-income, predominantly African-American preschoolers responded to the dolls, when contrasted with the results of studies using predominantly middle-income, White preschoolers. The need for the consideration of environmental factors in interpreting children's responses to AD dolls is discussed.  相似文献   

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预防职务犯罪的观念及工作思路都必须与时俱进,在理论上不断创新应当从组织意义上认识腐败,采取坚决措施遏制贪官携公款潜逃国外的势头,在从严治党与预防职务犯罪的结合上实现理论创新。如果执政党的某些组织确实违反了宪法和法律,甚至构成了犯罪,就应当一视同仁地予以查处。必须谨防在群众中造成国家对国家机关工作人员犯罪过于宽容的错觉,实行了滥用职权又索贿的行为,因为犯罪人意志以外的原因,未能取得财物的是未遂犯,也应当依法惩处。  相似文献   

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邓大中 《政法学刊》2003,20(4):90-91
多媒体计算机技术的应用是目前教学研究和教学改革中的热点。在法医学实际教学中,多媒体计算机技术是较佳的教学手段,其应用前景将越来越广泛。  相似文献   

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As a former General Counsel of the NLRB, Peter Nash enjoyed a vantage point from which to observe the procedures of the Board and evaluate how the provisions of the NLRA itself operated. Nou in private practice, he has made a detailed analysis of the labor reform legislation pending in Congress and strongly supported by organized labor. Writing from management's point of view, Mr. Nash concludes that the bills now pending are designed solely to assist unions in their organizing efforts; will not expedite the processing of Board cases; and contain harsh, unfair, and unnecessary deterrent remedies against employers.  相似文献   

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Criminal justice needs to be examined and developed in the larger context of social justice. Social ills such as pervasive individual and corporate greed and evasiveness need to be addressed as we attempt to promote a greater sense of social peace. Such an effort involves teaching meaningful social values in both general education settings as well as in the particular discipline of criminal justice.  相似文献   

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Ninhydrin is one of the most widely used reagents for chemical development of fingerprints on porous surfaces. The detection is based on the reaction of ninhydrin with a monoacidic component of the fingerprint to form an intensively colored compound named Ruhemann's Purple. A computational study of the mechanisms and reaction energetics of the formation of Ruhemann's Purple from ninhydrin and alanine is presented. Such a study is significant from a forensic science point of view because of the strong interest in the forensic chemistry and law enforcement communities in developing alternatives to the current generation of ninhydrin like chemicals for the detection and development of latent fingerprints. Information about the mechanism of reaction between ninhydrin and amino acids can ultimately help to design compounds with stronger chromo-fluorogenic properties in aid of detecting fingerprints at crime scenes. The three most accepted mechanisms of formation have been considered using ab initio quantum mechanical calculations. At relatively high temperature ( approximately 100 degrees C) all three mechanisms are energetically feasible. However since it is recommended that forensic analyses be performed at room temperature, a revised mechanism is proposed for the formation of Ruhemann's Purple under this condition.  相似文献   

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云计算作为变革性的信息技术,已对知识产权保护和若干知识产权制度产生了重要影响.与本地计算模式相比,云计算一方面可以更有效地防止著作权侵权,另一方面需要依赖于合同、技术措施、商业方法专利等手段提供综合性的补充保护.云计算会对合理使用原则、发行权穷竭原则构成挑战.云计算环境下,用户的商业秘密保护可能因为数据迁移困难而受到妨碍.由于云计算尚处于发展初期,还不能认为知识产权制度需要进行重大修改.  相似文献   

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网格以Internet为通信支撑平台,将分散的资源聚合在一起,形成更高层次的分布式资源共享环境,而安全性是网格计算环境下的一个核心问题.本文简述了网格环境中所面临的各种安全问题,总结了网格安全策略和安全技术手段.最后指明,网格的安全水平决定着网格能否大规模开展.  相似文献   

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《鹿特丹规则》是联合国贸法会组织制定的旨在调整以海上货物运输为主的门到门运输的国际公约,是国际社会继《海牙规则》和《汉堡规则》之后,在统一国际海上货物运输法律方面的最新成果。各国就其中涉及的多个重大问题展开激烈的讨论,在非海运区段应取消抑或保留"国内法的适用"即是其中之一。最终,《鹿特丹规则》第26条没有规定国内法的优先适用,但相关的争论并未因此结束。在厘清第26条沿革脉络的基础上,全面分析取消"国内法适用"的利弊,进而指出对中国可能产生的多方面影响。  相似文献   

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A novel ring-substituted methamphetamine regioisomer, N,alpha,4-trimethyl phenmethylamine, was synthesized in order to study the validity of proposed structures for various mass spectrometry (MS)-derived peaks in a methamphetamine fragmentation pattern. While other research efforts have studied aspects of methamphetamine in detail, a full fragmentation study has not been reported previously. In addition to showing molecular structures represented by fragment peaks, mechanisms for selected processes are detailed. An empirically derived procedure to easily determine by simple spectral peak pattern recognition the geometry of dimethyl- or ethyl-substituted immonium ions (RRC = N+ RR) where m/z = 58 is outlined. These results are platform independent for electron ionization (EI) instruments, but have also proven to be helpful in explaining spectral peaks observed in spectra from ion trap systems. The spectrum for the synthesized methamphetamine regioisomer was accurately predicted using this methodology. While this approach is useful in some casework, the converse may be more useful: when an unexpected or unusual peak pattern arises in a spectrum, being able to analyze it to determine the structure of the molecule. This paper gives an analyst the means to begin such retro-synthetic analyses.  相似文献   

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