国际民事诉讼管辖权与国际商事仲裁管辖权之比较

国际民事诉讼管辖权与国际商事仲裁管辖权是并行的两种解决国际民商事争议的制度,两者既有共同之处,亦存在着很多差异。为了厘清国际民事诉讼管辖权与国际商事仲裁管辖权之间的关系,本文从多个角度对两者的联系、区别及其冲突与协调三个方面进行了探讨。     

人格刑法学的构想(上)

“人格刑法学”是在调和刑事古典学派和刑事近代学派的对立时提出的刑法理论。人格刑法学从相对自由的主体的人格出发把握刑法学中的人 ,根据构成要件该当性、违法性和责任三个要件的犯罪论体系 ,把责任作为犯罪论的核心和最后的犯罪要件 ,从行为责任和人格形成责任两个方面探讨人格责任论     

Relationships between concentrations of cocaine and its hydrolysates in peripheral blood, heart blood, vitreous humor and urine

Cocaine is known to degrade in vivo and in vitro by several hydrolytic mechanisms. A previous study found that the initial amount of cocaine added to plasma could be accounted for by summing the molar concentrations of cocaine's hydrolysis products and the cocaine remaining after hydrolysis. The present study was undertaken to investigate whether or not relationships might exist between such molar concentration sums for different postmortem bodily fluids. Determinations of cocaine, benzoylecgonine, ecgonine methyl ester, and ecgonine were performed using liquid chromatography/mass spectrometry (LC/MS/MS) with heart blood, femoral blood, vitreous humor (VH), and urine (UR). The results demonstrate a strong correlation between blood and VH concentrations (correlation coefficients of 0.88-0.94), weak correlation between the UR and blood concentrations (correlation coefficients of 0.61-0.64), and weak correlation between UR and VH concentrations (correlation coefficient of 0.59). The results demonstrate that ecgonine is a significant hydrolysate with concentrations on the same order of magnitude as benzoylecgonine. The results are consistent with rapid distribution of the parent drug and its hydrolysates in the blood and VH. The strong correlation between the blood and VH demonstrates that VH is an important medium for toxicology testing when attempting to make a determination of cocaine intoxication.     

Taphonomy of child-sized remains: a study of scattering and scavenging in Virginia, USA

Child-sized pig carcasses (Sus scrofa) were placed in surface deposit and buried scenarios in a wooded area of Virginia from May 1998 through December 2000, to examine the taphonomic effects of decompositional changes, predator scavenging, and the extent of remains scattering. Changes were observed through on-site examination, charting of remains, and recorded video imaging. Analysis of data revealed that utilization of corpses as food sources by vertebrates was dependent upon invertebrate colonization. Vertebrates avoided feeding on the corpses while invertebrate colonization was active, and would feed before invertebrates successfully colonized a corpse, or would wait until the invertebrate populations migrated away from the corpse. Among vertebrates, there was no apparent succession order for the animals utilizing the remains as a food source. Different vertebrates would feed at different times based upon diurnal or nocturnal predilection. Analysis noted an accidental cooperative relationship between the invertebrates and vertebrates scavenging on the corpses. Certain vertebrates gained access to the internal tissues by utilizing openings in the corpses caused by invertebrate and other vertebrate scavenging. Alternately, carrion-frequenting insects were afforded access to previously inaccessible colonization sites as a result of scavenging vertebrate activities.     

Scaling legislative decision making: A methodological exercise

Previous work in American state politics shows that an accurate measure of legislative decision-making attributes can be a useful tool for empirical research. Using data from a new survey of state legislators, conducted in 1981, the present analysis includes both an improved survey item and a sophisticated scaling procedure.