美国法律关于夫妻证据的一些规定

<正> 婚姻,给配偶一方提供了某种合法权利,即配偶一方有权拒绝提供不利另一方的证据。因此,便产生了配偶双方的权限以及依法提供证据的问题。婚姻的这种特殊关系,对维护夫妻间的     

Taking Liberties with the First Amendment

Law and Philosophy -     

Managing Complex Collaborative Projects: Lessons from the Development of a New Satellite

This paper examines the case of a Complex Product System (CoPS)—a new satellite—and the combination of international firms and agencies that contributed to its development. Despite many political, organisational and interpersonal tensions, divergent objectives and strategic misjudgements, the satellite was successfully launched in 2002. It was found that a number of factors contributed to the successful conclusion of the project, including the evolution of organisational structures between different actors as the project progressed, the use of a range of innovation management tools accompanied by personnel with significant discretion and judgement, and a unifying methodology for satellite production called the Small Satellite Philosophy (SSP), which helped provide an approach for its effective integration. The paper describes the satellite project and the problems of technology transfer it confronted, then examines whether the solutions adopted could be appropriate for other complex innovative projects, particularly those involving joint public–private investments. It also describes the interaction between development time, mission cost, risk and return in reduced resource CoPS. Although the satellite itself was a technical success, government policy objectives for the project were not realised and the paper considers mismatches between policy objectives and mechanisms in complex projects.     

Nietzsche's assault on the ideal of democratic justice

The moment beckons serious scholars to critically examine Nietzsche's political thought. This study examines Nietzsche's polemics on the democratic ideal. According to Nietzsche, democratic principles have taken over the role of traditional moral and religious ideals. From a very exhausted state, the bourgeoisie revengefully have created a set of ideals which posit absolute and normative standards of behavior applicable to all. These democratic ideals reflect character traits which the bourgeoisie already have habituated. Nietzsche's greatest objection to the cultural supremacy of the democratic ideal is that its target is the aristocratic instinet and psychology. Since the democratic ideal has attained its sovereign and universal status. Nietzsche believes the truly exceptional human beings are becoming “vanquished by the leveling magic of the great number”.     

Pre-Settlement Settlement (PreSS): A Simple Technique for Initiating Complex Negotiations

Pre-setttement settlement, or PreSS, is a negotiation technique that precedes and potentially facilitates a final settlement. A PreSS is distinguished by three characteristics. It is: formal (being a binding agreement), initial (being the first step of a longer process), and partial (covering only a subset of issues). PreSS provides a conceptual umbrella for several existing concepts in the negotiation literature. The what, when, and why of PreSS are delineated and examples of pre-settlement settlement are provided.     

Cognitive psychologists as expert witnesses

The first part of this paper defines a central problem for professional ethics: whether agents in professional roles are to act on their own moral perceptions or rather defer to those with special authority to make decisions within particular institutional settings. Specifically, should the psychologist decide for himself whether and how to testify as an expert witness, or should he allow the judge and lawyer to settle these questions for him? I argue that he must decide for himself and attempt to control the nature of his testimony. Given this preliminary conclusion, the second part of the paper argues on direct moral grounds first for a general presumption in favor of psychologists' testimony on the accuracy of eyewitnesses. Such testimony fits the legal criterion of reasonable doubt, if the psychologists' information is more accurate than that of the average juror and lawyer. Second, it is argued that the expert witness must resist intense adversarial pressures and present his testimony as impartially and objectively as possible.