Early Models for Contemporary Thought on Domestic Violence and Women Who Kill Their Mates:

Women who kill abusive partners have become the focus of new social policy and research since 1970. A review of the early literature on women and domestic homicide from 1895 to 1970 shows that, while a specific focus on female homicide resulting from abuse was lacking, a rich heritage of ideas about homicidal women developed during this period. This heritage inevitably shaped the ways in which female offenders in general were viewed and presaged our most recent insights. A conceptual framework for recognizing the etiological themes which emerged is presented.     

评海上油污的"谁漏油,谁负责"原则

在海上油污民事责任领域,实行"谁漏油,谁负责"原则由来已久.该原则以责任主体的单一性和实行严格责任的归责原则为主要特色,很好地解决了赔偿的及时性问题.赔偿的充分性问题是通过建立油污基金和强制保险制度解决的.我国海洋环境保护立法在采用这一原则的同时,为了解决赔偿的充分性问题,还应当建立国内油污损害赔偿基金.     

Inmates: Who occupies our jails?

The purpose of this investigation was to identify inmate personal and demographic data that may be used to further define or profile persons with a greater likelihood of being at risk for serving a jail sentence. This study was explorative. The survey administration was similar in format to that conducted by the U.S. Department of Justice. Chaplains were used as survey proctors. Pilot studies were conducted to determine the suitability of survey content. Surveys consisted of 172 items. Subjects included four hundred inmates: males comprised 88.75 percent of the sample, Caucasians 58.25 percent, Blacks 37 percent, Hispanics 3.25 percent and other 1.5 percent of the sample. Respondents ranged in age from 15 to 64 years with an average age of 30.3 years. Less than two percent of the contacted inmates refused participation in the survey. Results are presented for demographic data, select legal/criminal data, select drug and alcohol use data, employment data, health, parent/family data, education data, social data, and “other”.     

援佛入儒以佛疗伤——论柳宗元习佛的动因与目的

柳宗元习佛乃其遭遇促成,实不得已。柳氏在遭贬之后,由于思想上的苦闷,情感上的抑郁,身体上的虚弱,遂长时间浸润于佛教以抚慰其痛苦心灵。同时,他又从一个儒者的思想认识来看待佛教,把佛理当作重要的“佐世”之道,志在援佛入儒,“统合儒释”。这些动机导致他的佛教信仰不可能虔诚,对佛理的研究也不可能深入。而这种不虔诚的佛教信仰最终也必定无法彻底使柳宗元从政坛失意、被贬南荒的痛苦中解脱出来。柳氏习佛的动因和目的在中国古代文人中具有一定的普遍性和典型性。     

论英美国家对少年罪错的早期反应——童年社会学的视域

回顾英美国家对少年罪错的早期控制史可以发现,在少年阶段尚未从成人阶段分离出来、少年罪错行为的特殊性尚未被认识、报应理论居于主导地位、传统社会控制机制能够实现对少年群体有效控制的情况下,并不需要单独处理少年罪错的司法机构,也不需要专为少年而设置的司法规则,少年司法制度这样一种专门对付少年罪错现象的正式控制机制不可能(也没有必要)从刑事司法制度中分离出来。     

He Loves Me; He Loves Me Not: Attachment and Separation Resolution of Abused Women

Working within an attachment perspective, we examined women's success at emotional separation from abusive partners. The attachment patterns of 63 abused women were assessed shortly after having left their abusive relationships. Six months later, their perceptions, feelings, and behaviors regarding the separation were assessed, to determine an overall level of separation resolution. As expected, attachment patterns associated with a negative self model were overrepresented (88% of the sample had a predominant pattern of fearful or preoccupied attachment). Further, preoccupation was associated with shorter relationship length, more frequent previous separations from the abusive relationship, continuing emotional involvement with partners after separation, and more frequent sexual contact with partners. These findings suggest that preoccupation may be a risk factor in successful separation resolution from abusive relationships.     

全球专利：谁专其利？

一、从“专利权杀人”谈起 美国前总统亚伯拉罕·林肯宣称:“专利是浇在智慧火花上的利益之油。”这肯定了专利制度在鼓励发明创造方面的显著作用。但在前两年,从南非一些激进的团体那里,传出了不和谐的声音——“专利权杀人”,专利这滴“利益之油”,何以成了“杀人工具”呢? 原来,由于跨国制药公司把持着艾滋病药品的专利权,使得这些药品的价格高居不下,让南非贫穷的艾滋病人难以承受,只得放弃治疗坐以待毙。因此,一些激进的团体指责专利权沾染了杀人的血腥,它们主张仿制跨国公司垄断经营的专利药品,以大幅降低药品的价格。 “专利权杀人”虽然言语夸张,但表达了发展中国家,尤其是最不发达国家的一种普遍情绪。由于TRIPS协议要求所有国家,不论富国还是穷国,都必须给予新药至少20年的专利保护,延误了发展中国家健康服务机构以及穷人们所依赖的廉价代用药品的生产。因此,在某种意义上,“专利权杀人”并非空穴来风,无中生有,而是如实反映了发展中国家在公共健康问题上所面临的专利障碍。     

Images of Women Who Kill Their Infants:

Criminal activity by women is often viewed as abnormal and as contradicting gender stereotypes. This is particularly so where the crime involves a mother killing her infant, and hence explanations are sought for the woman's crime which are rooted in pathology. This paper examines two predominant images of infanticidal women, the mad and the bad, and provides examples of each. The implications of these images for views of the causes of maternal infant-killing are then discussed.     

Factors that Influence Life Satisfaction Among Battered Women in Shelters: Those Who Stay Versus Those Who Leave

The study focused on differences between women who left shelters for battered women and returned to their partners, versus those who stayed in the shelter for over 3 months. The study was conducted in battered women’s shelters in Israel, and examined the contribution of women’s internal resources (self-esteem and empowerment) to their life satisfaction, as well as the contribution of integration (participation and commitment) in the shelter at the time of their arrival to their satisfaction with their life. Findings indicate that, among the group of women who stayed in the shelter, personal resources as well as participation and commitment contributed to their life satisfaction. Among the group of women who left the shelter, only commitment contributed to life satisfaction.     

Fear of crime: Who is most vulnerable?

This study investigates the relationship of demographic, psychosocial, and crime-related factors to fear of crime. Data were collected from 1,499 respondents to a national public opinion survey. A discriminant analysis was used to determine those factors which contribute most to respondents' fear of crime. Overall, 12 variables were found to explain 45.7 percent of the variance in fear of crime. Demographic variables such as sex, the size of the place where the respondent lives, age, marital status, and the number of persons living with the respondent were the most important variables discriminating between fearful and nonfearful respondents. Psychosocial and crime-related variables were found to be less important than demographic variables in discriminating between fearful and nonfearful respondents.     

知识产权人拒绝交易中的垄断控制——知识经济视角下的分析

在知识经济条件下,规模报酬递增、网络效应、锁入效应等知识经济特有的运行模式,使得知识产权人的拒绝交易能在特定市场上产生严重的反竞争后果,迫切需要反垄断法予以规制.但产生并发晨于工业经济时代的反垄断法,并无针对知识产权人拒绝交易中垄断控制的具体规则,各国普遍尝试采取延伸解释或类推的方法,将现有反垄断法中的"关键设施理论"适用于知识产权人拒绝交易,但无论在理论上还是在实践中都产生了严重的法律困惑与障碍.因此,应在反垄断法现有制度体系中构建控制知识产权人拒绝交易的新制度规则.该规则应包括:建立知识产权人拒绝交易反垄断法审查制度;规定知识产权人特别的反垄断义务;采取"结合点"分析方法等.     

Children Who Have Been Traumatized: One Court's Response

A court that is trauma‐informed can assist with the process of identifying children in need of trauma‐focused services and can provide education and direction to families frustrated by prior treatment failures. The unique role of the juvenile court judge as a community convener offers an opportunity to increase community awareness about the impact of trauma, and to promote the adoption of evidence‐based treatment for trauma victims. This article outlines the way that increased trauma awareness and trauma screening within a family court system mobilized the development of effective resources for children and families affected by trauma.     

Good and Evil in Indian Buddhism: The five Sins of Immediate Retribution

Indian Buddhist sources speak of five sins of immediate retribution: murder of mother, father, an arhat, drawing the blood of a buddha, and creating a schism in the monastic community. This category provides the paradigm for sinfulness in Buddhism. Yet even these sins can and will, be expiated in the long run, demonstrating the overwhelmingly positive nature of Buddhist ethics     

Copyright in custom code: Who owns commissioned software?

Legal context: When software is commissioned, it is important that the partiesagree what rights are being acquired and what rights retained.Copyright is the most important such right, but moral rightsand database rights must also be considered. When there is noexplicit agreement on these rights, the courts are often facedwith claims that there is an implied term that they should vestin the client (or be waived in the case of moral rights). Thisarticle examines the issues that arise in such cases. Key points: The article outlines the development of case law dealing withimplied terms as to ownership of commissioned works. It explainshow the courts have applied older principles to the new areaof commissioned software, and how those principles have evolvedto make it more difficult for a client to establish an impliedterm in their favour. The article examines in particular issuesarising from code reuse, the disclosure of source code, andthe application of database rights and moral rights to software.It also considers case law where clients have claimed to bejoint authors of software by virtue of their involvement inits design and testing. Practical significance: There are an increasing number of cases where software is commissionedon an informal basis and disputes later arise as to the ownershipof that software. This article provides a framework for consideringsuch disputes.     

家可出否：儒家伦理与国家宗教管控

自汉武帝“独尊儒术”之后,儒家一直被尊为历代王朝的正统思想,并有众多儒家之伦理被逐渐直接或间接纳入国家法典之中。但在漫长的历史过程中,儒家之外尚有释、道等外来或本土的思想流派也在这片土地上发扬、流传。以外来宗教中影响最大的佛教为例,其与儒学曾发生一些冲突,其中较为显著的是后者对前者“毁人伦”的批评。作为被“儒家化”的历代王朝法典,深受儒家伦理的影响,在与宗教管控有关的部分,自然也表现出与儒佛冲突相对应的一些对佛教的限制（而非禁止）。如《大清律例》中,这样的律文主要有“称道士女冠”、“私创庵院及私度僧道”、“僧道拜父母”三条,从唐迄清,随着社会时代的变迁,三个条文有所流变、损益,但其限制佛教的立法意旨始终一脉相承。佛教在中华大地上这种“限而不禁”的国家宗教管控政策中发展演变。