企业海外投资：问题和解决之策

近十年来,我国企业进入海外投资高峰期,总体规模不断扩大,跨国并购比重越来越大;投资主体呈现多元化发展趋势;投资行业、地区多元且聚集度较高。但同时我国企业海外投资也存在着一些问题,如缺乏清晰明确的战略意图和目标,海外整合能力欠缺,政府支持乏力,国际投资保护主义抬头。要想使我国海外投资获得较好的收益,必须提升战略意识,做好战略规划;提升跨国整合能力和管理水平;加大政府支持企业海外投资的力度;理性应对投资保护主义。     

Skimming the Profit Pool: The American Mutual Fund Scandals and the Risk for Japan

This paper examines conditions and structures that led to abuses in the American mutual fund industry. The scandals unfolded in 2003 when a whistleblower alerted authorities to illegal and unethical trading practices between institutional investors and mutual fund companies. The abuses included late trading, market timing, illegal sales practices, and excessive fees, with damages estimated at well over US $4 billion per year. While this scandal involved American companies, there are indications that other countries could be at risk of similar wrongdoing. Archival data are used to understand the regulatory conditions that allowed for illegal practices to proliferate throughout the American mutual fund industry. These conditions are compared to those in Japan to assess the potential for similar abuses and how they might best be prevented.     

The persistence of low expectations in special education law viewed through the lens of therapeutic jurisprudence

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does the paradigm of low expectations impact children with disabilities socially, emotionally, and psychologically? The primary purpose of this paper is to consider these questions, particularly the last, utilizing therapeutic jurisprudence (TJ), a theoretical lens through which the emotional and psychological impact of the law and its processes upon those who interact in its context may be viewed and analyzed.     

价值管理与财务风险管控研究——基于全流通背景下国资委、企业集团的视角

当资本市场进入全流通时代后,价值增值、资本增值具备了内在性、统一性,国资委、企业集团进行价值管理具有可行性和必然性。然而,资本经营、集团财务风险的多样性、叠加性、复杂性也更为突出。大力落实"国资委—投资控股集团—实体企业"三层次企业国有资产运营体系和相应的治理、管理体系,发挥上市公司"聚合效应"和"财富效应",可实现集团价值最大化、股东价值最大化以及集团整体存量资本与增量资本价值提升。     

World population data for the HLA-DQA1, PM and D1S80 loci with least and most common profile frequencies for combinations of loci estimated following NRC II guidelines

All published and unpublished gene frequency data for the PCR-based loci HLA-DQA1, LDLR, GYPA, HBGG, D7S8, GC, and D1S80 that could be located are presented in summary tables. These gene frequencies provide the data necessary for estimating probabilities of chance match according to NRC II guidelines for any DNA profile that includes any combination of these loci for any of the populations. To illustrate the range of polymorphism for combined locus profiles, least and most common profile frequencies were estimated following NRC II guidelines for: the PM loci for all populations for which PM data were available; and for combinations of HLA-DQA1/PM, HLA-DQA1/D1S80, PM/D1S80, and HLA-DQA1/ PM/D1S80 for populations for which data were available for the relevant combinations. The profile frequencies were calculated at theta values of zero and 0.01. Minimum allele frequencies (MAF) were calculated, and are shown, for each data set for which the MAF was greater than the lowest observed allele frequency. Least common profile frequencies were calculated using MAF in those cases to illustrate a conservative estimate. The effect of using MAF versus lowest observed allele frequency in estimating least common profile frequencies is briefly illustrated as well. We finally show that aggregate U.S. gene frequency data for the classical MN and GC polymorphisms for both Caucasian and African-American populations is fully in accord with the DNA-based gene frequency data obtained from PM reverse dot-blot strips for GYPA and GC, respectively.     

The feasibility of external blind DNA proficiency testing. I. Background and findings

We describe the origins, purposes, and findings of a national study to determine whether a large-scale program of blind proficiency testing in U.S. DNA laboratories is feasible and/or practical. Proficiency testing in clinical laboratories is reviewed, particularly as mandated by the Clinical Laboratory Improvement Acts and its role in the regulation of those laboratories. Proficiency testing in forensic urine drug testing labs is also briefly reviewed. Studies involving comparisons between open and blind proficiency testing are discussed. The clinical laboratory proficiency testing and regulation landscape provides the background for the DNA Act of 1994, and the congressional mandate to investigate blind proficiency testing in forensic DNA laboratories. Four models of blind proficiency testing are defined and discussed, along with the advantages and disadvantages of each and estimates of the costs of a large-scale program. The purposes of proficiency testing in a quality-assurance context are likewise discussed and related to the models and the arguments generally proffered for and against blind vs. open proficiency testing.