Regulatory Failure and the Collapse of Japan's Home Mortgage Lending Industry: A Legal and Economic Analysis

This article analyzes the dynamics of contemporary cooperation and conflict in Japanese financial regulation through the prism of the "jusen problem," the collapse of Japan's home mortgage lending industry in the 1990s. The jusen problem is one of the most striking examples of regulatory failure, strategic interest group bargaining, and large-scale dispute resolution in Japanese history.     

二次创业:中国仲裁发展的必由之路

新仲裁机构组建已近十年,在过去十年取得了辉煌的成就,基本完成了一次创业,目前正开始更为艰苦的“二次创业”。本文首先简单回顾了一次创业向二次创业转变的过程,然后从仲裁融入市场经济、服务市场经济;扩大规模,提高质量、树立品牌;走仲裁专业化和国际化发展之路;重视网上仲裁以及仲裁理论研究等几个方面对二次创业的主要内容进行了详细论述,最后对二次创业的前景进行了展望。     

市民社会视野下的仲裁制度(下)

一、仲裁制度:市民社会的内在诉求……2.市民社会理念在仲裁制度的运行中的具体体现。市民社会为仲裁提供了滋生的土壤,仲裁制度在运作过程中所体现的种种相异于诉讼的特征,也正是市民社会在纠纷解决上的内在诉求。(1)程序主体———意思自治原则在仲裁程序中的诉求。意思自治是市民社会的基本理念。当事人在处理实体权利,缔结合同方面有充分的意思自治,在私权利纠纷的处理方面也应有完全的意思自治。仲裁正是这样一种当事人自由选择纠纷解决方式,自主指定纠纷解决主体,自主决定纠纷解决程序和选择适用法律的争议解决制度,当事人的程序主体…     

More Sinned Against than Sinning? The Case of the Arab Office, Washington, 1945-1948

In 1945, as a final settlement of the Palestine question drew near, the Arab states established the Arab Office, Washington, as part of their unprecedented effort to influence public and elite opinion on this matter in the United States. It was staffed by many of the leading young Arab intellectuals of the era. This article charts the Arab Office's attempt to reduce American support for the creation of a Jewish state in Palestine. In particular, it examines the accusations, made at the time, that the Arab Office, in pursuing its anti-Zionist agenda had co-operated with leading American anti-Semites and was under the control of the notorious former Mufti of Jerusalem, who had collaborated with Hitler during the Second World War.     

论仲裁制度的诉讼化

本文通过诉讼和仲裁程序特征的比较,认为仲裁是基于诉讼的缺陷而产生、发展的,仲裁发展的过程是一个制度化的过程,仲裁制度化的过程固然承继了诉讼中的许多有益做法,但不宜诉讼化,仲裁的诉讼化有违仲裁的精神,从而使仲裁失去自身的特点和优势。我国仲裁制度中存在着一定程度的诉讼化倾向,本文对此进行了论述并提出了相应的改进方法。     

Norms,Behavioral Compliance,and Status Attribution in International Politics

Extant work on status attribution has largely focused on major powers or state capabilities as key explanatory factors driving these social processes and suggests that status considerations increase conflicts between states. We argue for a more comprehensive approach to status attribution that considers international norms as another major factor that is weighed in the attribution process. We contend that states (policymakers) evaluate one another not only on the basis of economic and military capabilities but also on the extent to which there is behavioral conformance with normative expectations and reward one another dependent upon whether these expectations are met. However, this attribution of status is dependent upon the level of contestation pertaining to that norm. Using a data set that assesses consistency with six different norms (resource transference, multilateralism, economic liberalism, democratic governance, respect for human rights, and peaceful dispute resolution), we find that status attribution is associated with norm-consistent behavior but only when these norms are uncontested at the global level.     

TrueAllele® Genotype Identification on DNA Mixtures Containing up to Five Unknown Contributors

Computer methods have been developed for mathematically interpreting mixed and low‐template DNA. The genotype modeling approach computationally separates out the contributors to a mixture, with uncertainty represented through probability. Comparison of inferred genotypes calculates a likelihood ratio (LR), which measures identification information. This study statistically examined the genotype modeling performance of Cybergenetics TrueAllele^® computer system. High‐ and low‐template DNA mixtures of known randomized composition containing 2, 3, 4, and 5 contributors were tested. Sensitivity, specificity, and reproducibility were established through LR quantification in each of these eight groups. Covariance analysis found LR behavior to be relatively invariant to DNA amount or contributor number. Analysis of variance found that consistent solutions were produced, once a sufficient number of contributors were considered. This study demonstrates the reliability of TrueAllele interpretation on complex DNA mixtures of representative casework composition. The results can help predict an information outcome for a DNA mixture analysis.