Risk-sharing agreements to cover environmental damage: theory and practice

Mordernization has witnessed increasingly new industrial sectors which have the potential to create environmental disasters. The insolvency of risk creators in case of such disasters may lead to insufficient compensation as well as to a dilution of preventive incentives. Insurance is a traditional instrument to address these problems, but is subject to limitations such as the lack of information by the insurers on the risk and limited insurance capacity. The risk-sharing agreement is an alternative which is widely used in high-risk sectors but it received relative little attention in academic literature. This paper analyses the potential of risk-sharing agreements in minimizing total social costs of environmental harmful activities, in comparison with insurance. The comparison shows the advantage of risk-sharing agreements in terms of less demanding information requirements, allowing for mutual monitoring and the potential to reduce administrative costs. However, the analysis also shows that a few conditions need to be met for such advantages to be materialized. This paper then discusses a typology of various risk-sharing agreements and illustrates the different categories with examples from the maritime and nuclear sectors. Based on these experiences, this paper explores the possibilities to expand risk-sharing agreements to other policy areas where environmental risks may emerge.     

A Contribution to the Question of the Methodology of Jurisprudence

The CPSU Program poses to the social sciences, including Marxist jurisprudence, a task of vast historical importance: that of continuously improving the elaboration of the scientific principles of guidance to social development. Successful solution of this problem depends, to a considerable degree, upon the status of methodology, the completeness and accuracy with which the techniques and tools of research and of cognition of phenomena in the field of public law are defined. In this connection, what is most important today, when all the necessary conditions have been established for creative development of Marxist-Leninist theory, is to uproot completely the consequences of the personality cult in the field of social science and to restore and further develop the Leninist techniques in science. (1)     

Multifactorial analysis of firearm wounds to the head with attention to anatomic location.

Firearm wounds to the head are often fatal and are routinely encountered in the practice of forensic pathology in the United States. Often, the anatomic site of the entrance wound is used to support or refute the manner of death indicated by the scene investigation and/or circumstances of the case. The present retrospective study of 120 fatalities resulting from 140 firearm wounds to the head correlates the anatomic region of the entrance wound and range of fire with the manner of death. Other demographic data analyzed include age, race, and gender of the decedents, as well as evidence of drug and/or ethanol use. It is hoped that this study will provide concrete data to support the largely anecdotal associations between the specific site of entry of firearm injuries to the head and the manner of death.     

依法治国的理论与实践

一、如何理解依法治国 从抽象的角度来理解,依法治国是指通过法律来治理社会和国家,实现法律的全面统治。社会和国家是法律在统治,而不是人在统治。 从法学理论的角度来理解,依法治国是指依靠体现最广大人民群众的意志和利益、合理地配置权利、权力、义务和责任的法来制约国家权力,规范社会主体的活动,调整各种社会关系,管理各项社会事务,从而形成公正、高效、公平、稳定的社会秩序。它的直接要求就是“有法可依、有法必依、执法必严、违法必究”。     

A rational approach to the principles and practice of crime scene investigation: I. Principles.

This paper proposes a structured approach to crime scene investigation that may be applied to the wider aspects of criminal investigation. The approach is an adaptation of the hypotheticodeductive method. The investigator begins with observation of the scene leading to a cycle of hypotheses creation and testing with other information being supplied only after the initial scene examination and hypotheses creation. The recording of observation, hypotheses creation and testing, and information received creates an audit trail of the investigative process. The method seeks to minimise observer bias by providing a rational and recorded approach to crime scene investigation.     

Citizenship in schools: the gap between theory and practice

Upon leaving school, young people are expected to play an active part as citizens in a democratic society. Are schools providing them with the tools to do this? Citizenship is taught in schools, but to what extent is it practised? Many safety issues concerning student behaviour and student conflict confront school authorities. In what ways are students learning to take responsibility for the safety of their school environments? Generally, schools in New Zealand and in comparative jurisdictions continue to operate on a traditional authoritarian hierarchical basis. Within these structures students could rightly feel that schooling is something which is ‘done to them’ rather than their being engaged as active participants. School authorities have a moral and legal responsibility to maintain a learning environment which is physically and emotionally safe and free from hostility. Traditionally reactive measures such as searching, drug testing and exclusion are used by schools with the aim of fulfilment of that duty. Research indicates that these measures have met with limited success in terms of school safety, and that in any event they may expose school authorities to challenge from students on the basis that their rights have been violated.     

The relationship between theory and practice in the study of punishment

A.B., Columbia College 1979; J.D., Yale Law School 1982.     

Contribution of rodents to postmortem artifacts of bone and soft tissue.

Postmortem disturbance of human remains by rodents extends beyond production of characteristic tooth mark artifacts in dry bones. Three case examples are presented that demonstrate a spectrum of rodent damage to dry and fresh bone and to fresh and mummified soft tissue. In one case, human remains are used for nesting purposes. Rodents are also noted to be vectors of bone transport. Rodent activities can affect bone recovery, human identification, and interpretation of artifacts to bone and soft tissue. Guidelines to differentiate soft tissue artifacts caused by rodents and carnivores are suggested.     

从理念到践行:未成年人犯罪轻缓刑事政策的司法实现途径

无论是对未成年人犯罪的轻缓刑事政策,还是对未成年人的"特殊保护",实际上都是指处理未成年人的刑事案件,应以未成年人保护为主要目标,向未成年人倾斜,以宽为主,以宽优先.这既是一种理念,更应该是一种实践;既有赖于立法的支撑,更有赖于司法的践行.