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81.
Two studies were conducted to investigate the effects of impeachment evidence in civil cases. According to the Federal Rules of Evidence, impeachment evidence can be used to judge defendant credibility, but not to infer bad character or harmful propensity. Jury-eligible subjects watched a realistic videotaped trial in which prior convictions for perjury and character evidence of honesty or dishonesty were manipulated. In Study 1, subjects provided individual judgments, and in Study 2, subjects engaged in group deliberations. Impeachment evidence did not strongly affect verdicts, and character evidence of honesty decreased liability only when limiting instructions were given. In both studies, however, the evidence produced legally permissible and impermissible inferences. Prior convictions reduced perceived credibility and increased inferences of negligent propensity. Evidence of dishonesty produced lower credibility ratings and negative character impressions. Credibility, character, and propensity assessments were all important in the verdict-reaching process, suggesting that juror's decisions do not conform to the requirements of the Rules of Evidence.This research was supported by National Science Foundation under grant no. SES-8411599 awarded to the first author. We would like to thank Richard Lempert for his helpful comments on an earlier draft, and Jerry Busmeyer, Maureen Crowley, Myrna Gaidos, David Hullinger, Randy Larsen, Bill Little, Charles Nelson, Richard Schweickert, Harold Seymour, and Al Solomon for serving as witnesses in the trial videotapes. 相似文献
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The present study was designed to evaluate the context of marital violence through husbands' and wives' accounts of the worst violent episode in the year prior to assessment. The primary objective was to examine severity (mild or severe) and gender (husbands or wives) differences in reports of the worst episode of marital aggression using a functional analysis conceptualization. That is, within the specific episode, current stressors, setting events, outcome, and function of aggressive behavior(s) and victimization experiences were evaluated. Sixty-two couples, who presented for marital treatment over a three year period and also reported at least one episode of physical aggression in the past year, participated. In most cases, marital aggression appeared to reflect an outgrowth of conflict between both partners. However, wives consistently reported that their aggressive husbands had engaged in more psychological coercion and aggression than they as a marital conflict escalated to physical violence. Further, there was a tendency for wives to use severe physical aggression in self-defense more often than husbands. 相似文献
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Push factors associated with necessity entrepreneurship are largely neglected in the academic entrepreneurship literature. We link research on technology transfer to the literature on opportunity and necessity entrepreneurship, showing that the rate of academic spin-off creation is positively associated with the skilled unemployment rate. This longitudinal study of 559 spin-offs launched between 1999 and 2013, which controlled for several university- and context-level factors, showed that a higher level of unemployment reduced the probability of academic spin-off creation up to a threshold, beyond which the effect was reversed. By contrast, the relative skilled unemployment level was related positively to the probability of academic spin-off, particularly high-tech spin-off, creation. The relationship between the level of skilled unemployment and the creation of high-tech spin-offs was moderated positively by university research orientation and regional research and human capital intensity. 相似文献
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Alternative intellectual property laws relating to the use of languages in IP organisations can result in an asymmetric distribution of costs of patenting between innovators. We present a framework for the characterisation and evaluation of the fairness of the language regime of the European Patent Office (EPO), which is currently based on three official languages: English, French and German. We estimate that the costs of access to patenting procedures borne by English-, French- or German-speaking applicants are at least 30 % lower than those borne by European applicants whose first language is not one of the current official languages of the EPO. In order to correct language-related cost asymmetries, we explore two possible alternative language regimes. In both cases, we introduce a centralised system of financial compensation that covers translation costs borne by European applicants whose first language is not one of the official languages of the EPO. In the first alternative, financial compensation is covered by savings on current translation costs at the granting stage. In the second alternative, the number of official languages is increased to five and financial compensation is funded by an increase in filing fee and by partial savings on translation costs at the granting stage. We show that both alternatives could substantially reduce language-related costs asymmetries among European applicants. In addition, we show that the five-language alternative would reduce the global costs of access to patenting procedures borne by all European applicants. Thus, more multilingualism can be cheaper than less multilingualism, provided that “implicit costs” are taken into account. We conclude discussing under which conditions the alternative language regimes proposed could have a positive impact on the effectiveness and the cost-effectiveness of the EPO language regime. 相似文献
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Michele R. Gamburd 《亚洲研究》2013,45(1):61-88
Nearly a million Sri Lankan women labor overseas as migrant workers, the vast majority in the Gulf Cooperation Council (GCC) countries in West Asia. They are poorly paid and vulnerable to a wide variety of exploitative labor practices at home and abroad. Despite the importance of worker remittances to Sri Lanka's national economy, and in spite of the nation's history of organized labor and active political participation, migrants have received only anemic support from the state, labor unions, feminist organizations, and migrant-oriented nongovernmental organizations. The article contextualizes Sri Lankan migration within larger-scale economic dynamics (such as global capitalist policies and processes) and local-level ideological formations (such as local political histories and culturally shaped gender norms). The author argues that political freedoms in destination countries have a significant effect on organizing activities in both host and sending nations. Comparing the Sri Lankan and Philippine situations, the author contends that the vibrant activism in the Philippines correlates with the liberal organizing climates in the European Union and in East and Southeast Asia, while the paucity of organizing in Sri Lanka correlates with the strict repression of guest workers in the GCC. Compared to other destinations, the GCC countries give workers (particularly women) less chance for autonomous activities, are less open to labor organizing, and are less responsive to political protest. 相似文献