VimarSeguros诉M／V．SkyReefer案后撤销外国法院管辖条款的尝试

本文主要介绍美国最高法院审理的 Sky Reefer案的判决对美国法院认定提单中外国法院管辖条款的效力产生的重大影响 ,并介绍了 SkyReefer案之前及之后发生的重要案例以认识美国法院对该条款的态度转变过程。最后 ,作者根据实践提出了自己主张的可行办法     

The Secrets of Successful Mediators

A survey of thirty experienced mediators showed that three-quarters of them regarded achieving rapport with the parties as central to their success in bringing about settlements. This article discusses how mediators achieve and make use of that rapport. The article also considers the implications for mediator training of the finding that achieving rapport with the parties is a key factor in successful mediation.     

A shift in emphasis: Adolescent psychotherapy and the psychology of the self

The methodology of both psychoanalysis and psychotherapy, which is that of introspection and empathy, is simply not the same as that of chemistry and physics. We are part of the system and we cannot observe without participation. Although this is a fact that we all are quite aware of, usually we treat it as an unfortunate contaminant and this then leads us to try to ignore its theoretical import. Classical psychoanalysis would do away with or minimize it by interpretation; the viewpoint of Kohut would replace it by transmuting internalizations as well as interpretations; but in psychotherapy we have an added task of assessing just how much we must work on the need for the elimination of the functional role of the therapist. To be sure, one must differentiate and clarify the so-called transference reactions related to the incestuous objects of childhood from those directed to self objects. In truth, this is an easier job in analysis, where the focus of the neurosis is enhanced and encouraged. In therapy, such clarity often is lacking or confused. The psychology of the self best allows us to determine how and when we are utilized by our patients, and to test how well they can handle our absence. The major advantage given to us by this perspective is that of being aware of the mirroring and idealizing aspects of self development.Presented as the Judith Baskin Offer Memorial Lecture. From the Institute for Psychosomatic and Psychiatric Research and Training of the Michael Reese Medical Center, Chicago, October 31, 1976.also is in private practice. Received his M.D. from the University of Illinois. Main interest is psychoanalysis.     

Evaluation of breath alcohol instruments I. In vitro experiments with Alcolmeter Pocket Model

An Alcolmeter Pocket Model breath alcohol device, based on an electrochemical (fuel cell) oxidation principle for ethanol analysis, has been evaluated under in vitro conditions. The result of a test is displayed on an analogue meter within 20 – 30 seconds after sampling; replicate tests may be made within 3 – 5 minutes. The electrochemical detector used was found to respond to acetaldehyde, methanol, isopropanol and n-propanol vapours besides ethanol, but it was insensitive to acetone vapour. The Alcolmeter response with a 0 – 2.0 mg/ml scale was linearly related to ethanol vapour concentration up to 1.0 mg/ml blood alcohol equivalent concentration; above this level the response was curvilinear, the Alcolmeter reading being too low. The standard deviation of an ethanol vapour determination in vitro was ±0.0175 mg/ml at a mean concentration of 0.902 mg/ml. The accuracy of the device expressed as percent recovery at 0.50, 1.0 and 1.4 mg/ml blood alcohol concentrations was 96.8%, 98.3%, and 88.3%, respectively. When the Alcolmeter was calibrated at 0.50 mg/ml and used occasionally each day over an 18-day period, the drop in initial calibration was 0.01 mg/ml per week.     

Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.     

Israeli Leadership and Public Attitudes Toward Federal Solutions for the Arab-Israeli Conflict Before and After Desert Storm

This first empirical investigation of support for federativesolutions to the Arab-Israeli conflict among the Jewish politicalleadership and general public of Israel suggests that, despitethe Palestinian Intifada and the Gulf War, there is a potentialbasis within Israel for federal approaches to intercommunaland interstate conflict resolution. Both leaders and the publicare dissatisfied with the status quo. Political leaders aremore supportive than the public of federative arrangements,while the public is somewhat more supportive of an autonomyarrangement for the Palestinians than it was before the Gulfcrisis. While the Intifada appears to have produced a slightlymore dovish trend among leaders and among voters, the Gulf Warappears not to have produced any basic changes in the viewsof political leaders or general citizens.