从易趣案看美国ISP代理侵权责任之演进

易趣(eBay)是一个网上论坛服务的提供者,用户可以将商品放置论坛上出卖,也可以在论坛上通过竞价或固定价格购买商品或服务。罗伯特·亨(Robert Hendrickson)是纪录片《曼森》(Manson)的著作权所有人。他发现,《曼森》未经其许可,以DVD的形式在易趣上被拍卖,遂以其著作权受到侵害为由,向易趣发出通知信函,要求易趣立即停止侵权行为,移除侵权材料。易趣收到通知函后,提出按罗伯特·亨照DMCA4的要求制作一份合法有效的通知,从而确定侵权材料所在并予以删除。罗伯特·亨拒绝了易趣的建议,并将易趣诉     

Conception and the Irrelevance of the Welfare Principle

This article challenges the assumption that their future children's welfare is a relevant consideration when deciding whether to provide a person with assisted conception services. It does not argue that infertility treatment ought to be available as of right. Rather, this article's proposal is that section 13(5) – which specifies that no-one shall receive assistance with conception unless account has first been taken of the welfare of any child who might be born – should be deleted from the Human Fertilisation and Embryology Act 1990. Extending the 'welfare principle' to decisions taken prior to a child's conception is shown to be unjust, meaningless and inconsistent with existing legal principle.     

刑事司法活动中的人权保护——遏制刑讯逼供对策浅议

刑事司法中的人权保护是宪政权利保护制度的重要组成部分,而司法实践中存在的刑讯逼供已经成为严重侵犯犯罪嫌疑人、被告人人权的顽疾。我们应针对刑讯逼供现象产生的原因,分析探讨遏制刑讯逼供的有效对策。     

Family experiences as moderators of the relationship between eating symptoms and personality disturbance

A questionnaire study with 243 female undergraduates assessed whether late adolescent females' experiences of autonomy and perceptions of family conflict would moderate the relationship between eating symptoms and personality disturbances associated with severe eating disorders. Univariate correlations between eating symptoms, on the one hand, and perceived family conflict and reports of individuation and mutuality in the adolescent/parent relationship, on the other hand, were relatively weak and for the most part insignificant. However, these data supported a moderating hypothesis in that eating symptoms were more strongly related to interoceptive confusion and maturity fears among participants describing less individuated relationships with their parents and reporting unusually low levels of family conflict.Authors' names are in alphabetical order, indicating equal contribution to this article.Received Ph.D. from Yale University in 1977. Major interests are in young adult and adolescent development, and etiology and treatment of adolescent depression and other psychopathologies.Received her B.A. from Vassar College and M.A. from Michigan State University. Major interests are in adolescent/parent relationships, separation-individuation, and eating disorders.     

谈电子商务中消费者隐私权的法律保护

电子商务以互联网为交易平台,而互联网对现行的隐私保护制度的根本影响则主要体现于它使个人隐私的经济价值得到极大的提升,从而使得现代社会对包括个人隐私在内的信息的需求与个人需要保护隐私之间的矛盾更加突出,以至于对现行消费者隐私权益的法律保护带来严重冲击。文章在对电子商务背景下消费者隐私权益保护中出现的问题进行深入分析的基础上,适当借鉴国外立法经验,以期对将来相关立法有所裨益。     

A Priori Voting Power: What Is It All About?

We explain the meaning of a priori voting power and outline how it is measured. We distinguish two intuitive notions as to what voting power means, leading to two approaches to measuring it. One conception, I-power, focuses on a voter's potential influence over the outcome of decisions by a voting body. The second conception, P-power, focuses on voters' payoff, their expected share of a fixed winning 'prize'. We discuss and rebut some philosophical and pragmatic objections, according to which a priori (as distinct from actual) voting power is worthless or inapplicable.     

Ethnicity,decentralisation and the fissile state in Georgia

This article addresses the problems entailed in decentralising a successor state of the former Soviet Union. On many different scales, Georgia should be a wealthy country. The population is well educated, there is rich agricultural land, a thriving wine industry, several mineral extraction industries and access to oil. The central argument of this article is that it is governance, or rather the failure of governance that is at the heart of many of Georgia's problems—in particular, a failure over a number of years to find a balance between the considerable ethnic diversity of the country and their aspirations regarding self‐government, and the need for the assertion of central power from Tblisi in occupying the power vacuum left by the demise of the Soviet Union. The structure of the article moves through an analysis of the context of decentralisation, into a brief survey of the major ethnic groups and the nature of the local government system, paying particular attention to the attempts by Tblisi to provide a coherent glue for a state that is liable to break apart. The concept of the ‘fissile state’ is used to convey this brittle context within which institutional reform needs to take place given the pressures from below and the pressures exerted by external actors as Georgia seeks to move closer to the European polity. Copyright © 2004 John Wiley & Sons, Ltd.     

National Minorities and the International System

National minorities are collectivities who possess that trait which is the current normative underpinning of states, namely nationhood, and yet for practical purposes cannot enjoy outright political independence. Because national minorities bear these normatively significant characteristics they may be deemed to have legitimate international claims to certain special rights even if these fall short of statehood. Yet although this rationale may be logically sound and morally justified, pursuing it nevertheless raises serious problems with regard to state sovereignty.