The Budget and Finances

This is perhaps the most complex sphere of work of village [sel'skie] soviets. All their manifold activity is associated with it. Funds for economic and cultural development, and for maintenance of the institutions subordinate to the rural agency of power, are concentrated in the budget. The soviet's specific relationships with various enterprises and organizations on the territory within its jurisdiction take shape through it.     

Requirement‐Sensitive Legal Moralism: A Critical Assessment

Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using William A. Edmundson's Three Anarchical Fallacies as a foil, this idea is spelled out; it is shown why considerations based on the harm principle, consent, and the fact of pluralism do not immediately defeat it, but several problems with Edmundson's account are examined to point out where the idea could be further developed.     

Irrelevance of the soft budget constraint for the shortage phenomenon

Kornai's thesis that shortage results from demand expansions bred by the soft budget constraint, derives from his implicit assumption that price regimes of input and output firms are different. Since any firm is both an input and an output firm, which discards the assumption as logically untenable, excess demand can only turn up because of lower than contracted inputs of labor and management that are not offset by an adequate downward adjustment of earnings. Expansions of demand that appear to be autonomous, are incited by uncertain deliveries of inputs, that is, by inefficiency (of output firms) as well. A by far the largest part of excess demand can be explained by state preferences for fast growth. As planners are more successful in generating investment, and the ensuing consumer, demand than in expanding production, shortage is inevitable regardless of the character of the firms' budget constraints.     

The ambiguous Heritage of Mitteleuropa: the Resurfacing of Mitteleuropa as a Counter-image to the EU in Austrian Populism

The analysis in this article addresses the resurfacing of Mitteleuropain the populist discourse or, more precisely, the use of Mitteleuropa-ideas in the political strategies of the Austrian FPÖ (Austria's right-wing `Freedom Party'). The plans of the future European assessment spread by the European right-wing populism have an ambiguous character, which partly reproduces the ambiguity of the traditional definitions ofMitteleuropa in the debate at the beginning of the twentieth century. The article shows that the FPÖ's use of the concept ofMitteleuropa must be analysed with regard to the problem of the Austrian identity, because the ambiguous status of an ‘Austrian identity between Mitteleuropa and German re-union’ is the most important condition underpinning the emergence of the FPÖ. Secondly, the choice of a particular idea ofMitteleuropa - the Mitteleuropadefined by principles of exclusion, by a strong German culture and identity (Kulturnation), and strict reference to a Volksgemeinschaft with a territory and a culture that are juxtaposed to a cosmopolitan and liberal idea of Mitteleuropa- reveals the FPÖ's historical legacy and its opposition towards democracy and the representative institutions. Finally, the question is raised as to whether Haider should be considered not only an Austrian phenomenon, but an Austrian reaction to political and economic transformations, which evoke other protest movements in Europe. On the one hand, Haider is an Austrian phenomenon. On the other hand, he represents an Austrian reaction to political and economic transformations. In this sense, Haider's populism can be compared to France's Le Pen or Belgium's Vlaams Blokif we look at the form of popular legitimacy that they invoke, the request for a re-territorialisation of politics and for the defence of a national / European identity, and the opposition to constitutional patriotism and to all forms of ``thin'' European identities.     

Exchange Rate Adjustment in Partially Liberalized Economy

This paper develops a model of exchange rate determination in partially liberalized post-socialist economy that operates under soft budget constraints in nontradable sectors. The model captures the factors that determine the evolution of a country's external balance during the initial phase of economic liberalization. Three types of disturbances are the center of analysis: liberalization of trade and foreign exchange regime, devaluation, and price liberalization. We show that the real exchange rate appreciation may either improve or worsen the trade balance depending on the sources of this appreciation. Thus, we argue that the real exchange rate cannot reflect true country's competitiveness unless all sectors are equally exposed to hard budget constraints. The model implications are further analyzed through the empirical evidence on the relationship between the real exchange rate and trade balance in three selected East European countries.     

Dolly and Alice

The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court''s decision in Alice Corp. v. CLS Bank International. The Alice opinion explicitly sets out the standard for determining whether an invention falls within statutory patentable subject matter. Thus one is thus left to wonder what the Roslin opinion might have looked like had it been decided only a few weeks later, after the Alice decision was published, with the benefit of the Supreme Court''s further direction on patentable subject matter. In this essay I explore whether in hindsight the Alice standard might have dictated a different outcome in Roslin, suggesting how the two-part test articulated by the Supreme Court in Alice might apply to a ‘products of nature’ analysis for cloned mammals. Drawing on that analysis, I then use the Roslin case as a vehicle to highlight certain issues with the Supreme Court''s current subject matter jurisprudence as applied to biotechnology. By juxtaposing Dolly with Alice, it becomes clear that the Supreme Court has revivified a number of dormant biotechnology patent problems in the guise of subject matter analysis.     

On the Yogic Path to Enlightenment in Later Yogācāra

In later Yogācāra, the path to enlightenment is the course of learning the Four Noble Truths, investigating their meaning, and realizing them directly and experientially through meditative practice (bhāvanā). The object of the yogi’s enlightenment-realization is dharma and dharmin: The dharma is the true nature of real things, e.g., momentariness, while the dharmin is real things i.e., momentary things. During the practice of meditation, dharma is directly grasped in the process of clear manifestation (vi?adābhā) and the particular dharmin is indirectly ascertained in the process of determination (adhyavasāya). So, even though a yogi does not directly perceive any actual thing, s/he is still nonetheless able to undertake practical activity directed toward it. The realization of the Four Noble Truths consists of two aspects: firstly, the manifestation of momentariness, etc., in the stream of the yogi’s consciousness; secondly, the ascertainment of momentariness, etc., in whatever s/he happens to encounter.     

EU accession and the hardening of soft budget constraints: some macro evidence

The hardening of soft budget constraints (SBCs) is a central element in transforming the economies of Central and Eastern Europe into market economies. This paper presents macro evidence on budget hardening of transition economies comparing the performance of EU accession countries relative to non-accession countries. We estimate SBC hardening for 21 transition economies in a partial adjustment model by measuring the reaction of employment to output changes over a 10-year period. The paper finds that accession candidates have reduced excess labour demand substantially relative to non-accession countries.

Budgetary Negotiations: How the Chilean Congress Overcomes its Constitutional Limitations

Recent research suggests that the Chilean Congress is marginalised in the policymaking process, especially when setting the budget. This paper argues that previous studies have overlooked the fact that the legislature uses two amendment tools – specifications and marginal notes – to increase the national budget and reallocate resources within ministries. This behaviour contradicts the constitution, which only allows Congress to reduce the executive's budget bill. To test this empirically, a pooled two-stage time-series cross-sectional analysis is conducted on ministries for the years 1991–2010. The findings clarify how the legislature surpasses its constitutional limits and demonstrate that specifications are useful to predict when Congress increases or decreases a ministry's budget.     

Skype Technologies SA v Joltid Limited and others [2009] EWHC 2783 (Ch). Anti-suit injunction: Clarification of effect of English exclusive jurisdiction clause in worldwide technology licensing contract

The Court's discretion in granting an anti-suit injunction has been clarified further by the recent decision of Mr Justice Lewison in Skype Technologies SA v Joltid Limited and Others [2009] EWHC 2783 (Ch). Ruling on the Court's willingness to grant an anti-suit injunction where an exclusive jurisdiction clause had been breached, Mr Justice Lewison held that “standard considerations that arise in arguments about forum non conveniens should be given little weight in the face of an exclusive jurisdiction clause where the parties have chosen the courts of a neutral territory in the context of an agreement with world-wide application. Otherwise the exclusive jurisdiction clause would be deprived of its intended effect”. It follows that contracting parties who deliberately select the English courts as a neutral forum in an exclusive jurisdiction clause will not be allowed to “wriggle out” of their agreement, unless the party seeking to commence proceedings in an alternative forum can establish exceptional reasons, outside of ordinary forum non conveniens arguments, to justify why the exclusive jurisdiction clause should be displaced.     

Smart meters and the information panopticon: beyond the rhetoric of compliance

The Smart Meter Implementation Programme is the Government's flagship energy policy. In its search for solutions to address privacy dilemmas raised by smart meters, the Government has been content with using data protection principles as a policy framework to regulate the processing of consumers' personal information. This is worrying since the question of who has access to what type of information and how it is used cannot simply be regarded as raising information security, authenticity and integrity issues. If we are to go beyond the rhetoric of protecting the privacy rights of energy consumers we must scrutinise the context in which legitimate interests and reasonable expectations of privacy subsist. To remedy this apparent policy oversight, the paper undertakes two tasks: first, to clarify the content and application of data protection and privacy rights to smart meters; and second, it outlines a policy framework that will address the lack of specificity on how best innovation and privacy issues can be better calibrated. More importantly, it calls for targeted substantive reforms, development of accessible privacy policies and information management practices that promote transparency and accountability and deployment of technological solutions that will help reduce emerging fault lines between innovation and privacy in this sphere of energy policymaking.     

Violence in relationships: A seventh grade inventory of knowledge and attitudes

The purpose of this research was to contribute to existing efforts of battered women's advocates, schools, and researchers by developing a valid and reliable inventory to evaluate educational interventions regarding violence in relationships. Content validity was established by national experts (N=32)solicited to complete an inventory rating scale and comment on the statements' ability to elicit early adolescents' knowledge and attitudes about violence in relation-ships. The revised inventory was tested with seventh grade health education students (N=99).The test-retest reliability criterion was .50. Spearman's rho correlations were .566 for the knowledge section and .669 for the attitude section. Knowledge and attitude sections were measured for internal con- sistency with Cronbach's alpha, with respective values of .3178 and .7207. Item analyses with Wilcoxon Rank Sum tests identified 11 knowledge statements and one attitude statement as significantly discriminating at both test and retest. Gender differences were noted and additional findings were reported. Recommendations for the further establishment of a valid and reliable inventory were made.     

The anonymous police blogger,the newspaper and the unmasking of Night Jack

The English High Court recently refused to grant an injunction to restrain The Times newspaper from publishing the identity of an anonymous political blogger (The author of a blog v Times Newspapers Limited [2009] EWHC 1358 (QB)). The facts of the case were unusual: there was no clearly unlawful behaviour by the blogger, who was also a police officer highly critical of political figures and policies. There was also no relationship between the blogger and the journalist who deduced the blogger's identity; the court therefore focussed on the tort of misuse of private information and countervailing public interests, such as freedom of expression. This article describes the approach of the court and considers the earlier case of Mahmood v Galloway ([2006] EWHC 1286 (QB)) concerning an undercover journalist's attempt to prevent publication of photographs showing what he looked like. It also discusses whether data protection law could have a role to play in future cases concerning attempts to preserve an online author's anonymity. The conclusion of the article is that this case does not spell the end of all anonymous blogging.     

Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.     

Reforming the United Kingdom Constitution: Law,Convention, Soft Law

The Governance of Britain Green Paper continues the programme of constitutional reform begun in 1997, and appears to reinforce the juridification of the UK's constitution. Nevertheless, several key reforms will be implemented not by legislation, but by creating new conventions. This article argues that such ‘declared’ conventions are best understood as a form of constitutional ‘soft law’, which attempt to influence constitutional behaviour rather than generating binding norms. Applying a regulatory analysis, it then argues that the case for a soft, rather than hard law approach to constitutional reform is weaker than its widespread use in the UK suggests. Finally, the article challenges the thesis that the political constitution is being replaced by a legal constitution, arguing that the government's attitude to constitutional reform still exhibits basic characteristics of political constitutionalism. Moreover, there is more to contemporary constitutional developments than a bipolar contest between political and legal constitutionalism.     

作为债之独立类型的法定补偿义务

在公法和社会法领域内,法定补偿义务作为债的独立类型由来已久。但就法定补偿义务可否作为私法上独立类型之债,与合同之债、侵权之债、不当得利之债、无因管理之债等并身而立,民法学界远未达成共识。若从解释论角度出发进行分析,侵权责任法若干条款规定的补偿义务、"分担损失"规则以及"有财产的无民事行为能力人、限制民事行为能力人造成他人损害的,从本人财产中支付赔偿费用"等,都属有关法定补偿义务的规定。它们与民法通则及最高人民法院相关司法解释确认的法定补偿义务一起,构成我国民法中独立类型之债。在我国的责任保险制度尚不发达,社会保障制度还远未健全的背景下,如果法定补偿义务制度运用得当,无疑可在一定程度上济侵权损害赔偿责任制度之穷。     

Child witnesses and the confrontation clause

InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront the defendant face to face, and that such acute distress may be inconsistent with the state's interests in promotion of reliable testimony and child welfare. APA also argued that psychological theory and research provide foundations for individualized determination of the need for measures to protect children from face-to-face confrontation. *** DIRECT SUPPORT *** AFE06051 00002     

Influence of Perpetrators' Account on Nurses' Recognition and Reporting of Child Abuse

Suspected perpetrators may attempt to influence the professional's recognition and reporting of child abuse by providing an account that explains or justifies their behavior or the child's injury. A factorial survey design was employed in which a random sample of nurses (N = 1038) judged vignettes that included systematic variations of types of accounts and selected case characteristics. In comparison to the other characteristics of the case, perpetrator accounts had little impact on nurses recognition and reporting of child abuse. Only two types of accounts influenced the nurses' responses, and from the perspective of the suspected perpetrator they backfired, resulting in greater recognition and reporting of abuse. Interaction terms constructed of accounts and situational variables had little impact on nurses' judgments when sexual abuse was involved, but resulted in both higher and lower recognition and reporting scores when physical and emotional acts were judged.