美国最高法院性骚扰案件审判概况以及美国反性骚扰立法的发展

本文就美国的性骚扰法律做了一个概述。本文将性骚扰问题界定为权力问题,涉及一人对另一人不公正地行使权力。文章在回顾美国联邦最高法院如何首次承认性骚扰问题为非法的性别歧视的基础上,分析了美国最高法院就性骚扰问题的一些判决。本文中还讨论了联邦反性骚扰法律中的关键法律问题,介绍了州性骚扰法律的发展,强调了性骚扰法律对美国女性的影响,并就中国最近颁布的性骚扰法律的法规制定提出了一些参考建议。     

An examination of the New York mandatory seat belt law on a university campus

On January 1, 1985, the mandatory seat belt law went into effect in New York State; violators were now subject to a fine of $50.00. Police officers issued nonpenalty-based warnings during the month prior to the law's imposition. The purpose of the present study was to compare the effects of the warning versus the fine and a fine-plus-prompt condition (the prompt delivered by the experimenters) on seat belt use on a university campus. Results indicated that significantly more drivers used their sear belts during the fine conditions as compared with the warning condition and that significantly more female drivers used their seat belt during all conditions. A significant difference was not found, however, between the fine and fine-plus-prompt conditions.We gratefully acknowledge the comments of Michael Leippe on an earlier draft of this manuseript.     

Comparative investigations on the uptake of basic substances into the human keratinocyte cell line HaCaT--a model for the uptake of xenobiotics into the keratinocytes of the hair follicle

The human cell line HaCaT was used to study drug uptake by keratinocytes as an in-vitro model to elucidate drug incorporation into anagen hair follicle. The basic drugs under investigation were taken up very rapidly resulting in a concentration plateau in the keratinocytes which was dependent on the drug concentration in the cell culture medium. The results obtained for HaCaT clearly demonstrated the existence of a partition-equilibrium between the extracellular and intracellular drug concentrations. Only small amounts of the offered drugs were taken up and remarkable differences were observed showing a decreasing uptake for imipramine > haloperidol > cocaine/benzoylecgonine. Total protein content in the culture medium was 3.5 +/- 0.3 mg/mL and the protein binding of the drugs to the foetal serum proteins was found to be negligible in the experiments. Overall, the in vitro findings were consistent with previous observations for in vivo drug incorporation into hair. In particular, an explanation was found for the correlation between the AUC-value and hair concentration observed in animal studies as well as for the generally low drug concentrations in non-pigmented hair.     

Predictor Variables in Competency to Stand Trial Decisions

Clinicians possess significant discretion in competency to stand trial assessment. Therefore, it is paramount to explore the contribution of individual variables to ensure that the decision-making process is devoid of bias and solely relates to the legal criterion. To test for the possibility of bias in clinical decision-making, we examined the predictive efficiency of clinical, criminological, and sociodemographic variables in a sample of 468 criminal defendants referred for competency evaluations. Only clinical diagnostic variables and employment status were significant predictors. This finding supports the idea that examiner decisions of competency appear to be unbiased and relate primarily to a defendant's functional ability.     

Legal Practice and Modes of Dying: Bruno Latour,Technology and the Critical Legal Instance

Few who have ever observed the workings of a legal office would have witnessed a lawyer engaged in file management. Of course, lawyers, together with their clients, will construct the narrative that makes up the file, but the lawyer will not store it, nor see that it is properly labeled, nor ensure that its contents are in place, nor dust it, nor, finally, remove it for disposal at the end of whatever time is deemed sufficient for it to perform all of its functions. At a time when lawyers are being criticized for their levels of client care this paper explores the opportunities that the handling of the legal file affords for the development of an ethic of care that can then be transposed more broadly across legal practice. The essence of the argument is that the legal file is (as much as the client) a proper object of care, and that the care of the file – its maintenance and management – is an appropriate objective for lawyers, and necessary for the development of a legal profession that is truly ‘client-centered’. The argument is developed in three parts, and is largely informed by Bruno Latour’s works on being and technology as developed in We Have Never Been Modern, Aramis or the Love of Technology, and particularly, in an essay, published in 2002, entitled ‘Technology and Morality: The Ends of the Means’. The first part explores how the handling of the legal file exposes those engaged in this activity to legal histories, legal philosophies and legal ethics. The second part explores the content or nature of the obligation of care owed toward the file by the keeper of the file. It argues that the legal file represents human passions quelled or suppressed by legal conflict, and that ‘technical action’, falling broadly under the rubric of maintenance and handling, are ways in which care is expressed when the object of care is supine, dead or passing. The concluding part advances the care of technology as a means of preventing technological domination, or, in the terms of legal practice, the care of the file as a means of deflecting the development of a file culture.