“中间裁决”的概念有待明确——兼与部分裁决、先行裁决、临时裁决比较

在我国“中间裁决”也已经写进了不少仲裁机构的仲裁规则里,“中间裁决”的案件已不陌生,但各个仲裁委的规则的概念是不一样的,我国《仲裁法》没有涉及这个问题,这样导致同样的一份裁决,在这个仲裁机构被称为“中间裁决”,在另一个仲裁机构可能被冠以“部分裁决”或者“先行裁决”等等,并且在实践中还可能使案件陷入两难境地。本文就此问题抛砖引玉,以期仲裁同仁进一步探讨。     

Massive systemic silicone embolism: a case report and review of literature

Subcutaneous injections of inert or quasi-inert plastic material designed to smooth out wrinkled skin or to create a more esthetically sought appearance have become very popular with the American public in general, and, in particular, with certain groups highly focused on their physical image. The case of the injection procedure has attracted into the field of plastic medicine a substantial number of illegal, incompetent, and unscrupulous operators. Their ignorance of involved medical risks and procedures not uncommonly results in severe complications, disfigurement, and death of patients. We report the typical pathological and chemical findings of a systemic fatal silicone embolism in a 53-year-old heterosexual woman following illegal chronic injections of silicone in her hips and buttocks. The injected subcutaneous silicone apparently migrated rapidly from the interstitial subcutaneous tissue into the general blood stream resulting in a fatal systemic silicone embolism. An analysis of the presented case in conjunction with a review of the pertinent medical literature, including a recent article, revealed a marked similarity in the clinicopathologic findings between silicone embolism and fat embolism.     

Identification of animal species by protein radioimmunoassay of bone fragments and bloodstained stone tools

In forensics and archaeology, it is important to distinguish human from animal remains and to identify animal species from fragmentary bones and bloodstains. We report blind tests in which a protein radioimmunoassay (pRIA) was used to identify the species of six bone fragments lacking morphological specificity and 43 bloodstained lithic tools, knapped experimentally and soaked in blood of known animal and human origin. The submitters of the bone fragments and the bloodstained tools each listed a number of possible species, from which the testers selected the best match with the pRIA results. All six bone fragments were correctly identified: three humans, a deer, a dog, and a cow. Forty-three tools were stained with blood from a wide variety of species including ungulates, carnivores, a fish, and a bird. On 40 of these 43, at least one species (or blood-free control) was identified correctly. Some of the tools were stained with blood of two different species. A mixture of sheep and musk ox blood was correctly identified; in several other mixtures, only a single species was detected. Two tools with human blood and one with human sweat were correctly reported as human. There was a single false positive (one of three controls reported as weakly bovine) and no false negatives. We conclude that the pRIA technique shows a high degree of accuracy in discriminating human from animal bone fragments and bloodstains and in identifying animal species.     

Gauging support for innovative farmland preservation techniques

Given growing concerns about the loss of farmland in the US, governmental and nonprofit groups are seeking innovative, cost-effective methods to preserve lands that will elicit additional landowner participation. This article describes four innovative farmland preservation techniques and derives implications for the policy process through interviews of key stakeholders: program administrators, lawmakers, and landowners. Experts on farmland preservation were also interviewed to ensure stakeholder perceptions substantively inform the policy process. Four techniques were selected for assessment from approximately 30 novel techniques. Reactions to these policy options reflect stakeholder perceptions of a baseline condition; the perceptions help evaluate which options are likely to survive the policy process and what attributes will lead to their acceptability because few of these techniques have yet become policy. Although the stakeholders may have more limited experience with the policy process, land preservation experts validated many of the results and the possibility of success in the “rough and tumble” of the policy process. Of the four investigated techniques rights of first refusal was the most favored, although respondents thought effective implementation would require careful targeting and a dedicated funding source. Experts agreed this technique was most likely to survive in the political arena. Agricultural conservation pension was also viewed favorably, though it was considered administratively difficult to implement. Several experts thought that, though inchoate, the pension plan could potentially be more cost effective than rights of first refusal. Land preservation tontines were perceived to be an interesting concept, but confusing, difficult to implement, and ill-defined. Term conservation easements were viewed unfavorably because they did not preserve land permanently.

Educational-entertainment as an intervention with black adolescents exposed to community violence

Witnessing violence is one adverse childhood experience (ACE) associated with living in impoverished Black urban communities. Youth with higher violence avoidance self-efficacy and positive coping are more likely to avoid violence. This study evaluates educational entertainment (edutainment) as an intervention with Black adolescents exposed to community violence. Edutainment has shown success in increasing self-efficacy and positive coping skills in other domains. Self-administered scales were used to measure stress, anxiety, violence avoidance self-efficacy, and coping strategies. Data were collected pre- and nine days post-interventions/no intervention from 20 subjects receiving the edutainment intervention, 19 subjects participating in a group discussion about violence, and 21 subjects receiving no intervention (N?=?60). Edutainment and no intervention were more effective than group discussion alone in increasing violence avoidance self-efficacy. Violence avoidance self-efficacy was found to have an intervening relationship between edutainment and the outcome of stress. This study indicates limited but positive effects for edutainment.     

Congress,Lawmaking, and the Fair Labor Standards Act, 1971–2000

Lawmaking studies and evaluations of competing accounts of policy change cannot easily assess the nature of policy change due to the difficulty of locating the status quo and proposals relative to the preferences of critical political actors. Focusing on activity involving the Fair Labor Standards Act, I investigate how the attempted and successful policy change between the 92nd Congress (1971–72) and the 106th Congress (1999–2000) compares to the predicted lawmaking activity according to dominant lawmaking models. Characterizing the incidence and magnitude of policy change over nearly 30 years reveals that policy change is rarer and smaller than current theories predict. Change occurs when the status quo is more extreme than the preferences of the pivot most supportive of the status quo according to supermajoritarian models, but there are many instances where similarly extreme status quos are left unchanged. Moreover, when change occurs, it exhibits a strong status quo bias and the outcome is often indistinguishable from the preferences of the pivot who most prefers the status quo.     

The concentration of criminal victimization and patterns of routine activities

Although many repeat victimization studies have focused on describing the prevalence of the phenomenon, this study attempted to explain variations in the concentration of victimization by applying routine activities as a theoretical model. A multivariate analysis of repeat victimization based on the 2005 Taiwan criminal victimization data supported the general applicability of the routine activity model developed in Western culture for predicting repeat victimization. Findings that diverged from Western patterns included family income to assault, gender to robbery, and marital status, family income, and major activity to larceny incidents. These disparities illustrated the importance of considering the broader sociocultural context in the association between risk predictors and the concentration of criminal victimization. The contradictory results and nonsignificant variance also reflected untapped information on respondents' biological features and psychological tendencies. Future victimization research would do well to integrate measurements that are sensitive to salient sociocultural elements of the society being studied and individuals' biological and psychological traits.