诉讼权利的滥用:程序正义的比较标准

一、APR概述综观各种法律制度,给人总体感觉是:滥用诉讼权利(the Abuse of Procedural Right,缩写为APR)的问题随处可见。但各国并未真正意识到司法中的权利滥用现象,对于APR问题的意义和重要性的认识也未达成统一,那种相信在任何地方都存在能够预防和制裁诉讼权利滥用现象的有效可行的救济方式是没有根据的。有人也许会说,没有一个法律制度完全不关注APR问题,但这只是问题的开始,而不是问题的结束,因为,诉讼权利滥用的形式是多种多样的。实际上,各国的情况大不相同:有些国家,例如法国,明确规定了APR的一般规则并授予法院处罚权〔1…     

Borda Count Versus Approval Voting: A Fuzzy Approach

In this paper we consider a fuzzy variantof the Borda count taking into accountagents' intensities of preference. Thisfuzzy Borda count is obtained by means ofscore gradation and normalization processesfrom its original pattern. The advantagesof the Borda count hold, and are evenimproved, providing an appropriate schemein collective decision making. In addition,both classic and fuzzy Borda counts arerelated to approval voting, establishing aunified framework from distinct points ofview.     

Trust and Volunteering: Selection or Causation? Evidence From a 4?Year Panel Study

Participation in voluntary associations is often believed to make citizens more trusting of others. This paper reports longitudinal analyses of a time intensive form of participation??volunteering??and generalized social trust using data from three waves of the Giving in the Netherlands Panel Study spanning 4?years (2002?C2006; n?=?692) refuting this belief. Trust is relatively stable over a 4?year period (0.73). Changes in volunteering are not related to changes in trust. Trust is higher among volunteers mainly because of selective attrition: persons with low trust are more likely to quit volunteering.     

Environmental Insurance: A Risk Management Tool for Real Estate

Traditional risk management tools including contract allocation and reliance upon statutory defenses or government releases can be incomplete, contentious, and costly solutions to address risks associated with environmental liability and cleanup obligations in real estate transfer and property ownership. Such traditional methods leave environmental risk for the interested parties in the real estate transaction to bear over time and bring added new risks to the parties. Environmental insurance transfers all or part of the risk to a third-party insurance company (insurer) that is not a participating party in the transaction, thereby taking insurable environmental risk out of the transaction. Further, environmental insurance can add positive value to the transaction by bringing necessary risk identification and validation, and loss minimization and claims handling expertise to the transaction by virtue of the underwriting and claims management process, and add the financial strength and expertise of a qualified insurer. Insurance is often perceived by lenders, investors, developers, contractors, tenants, and future purchasers as a positive assurance against environmental risk associated with the property, allowing business relationships and financing to proceed more smoothly. In this way, environmental insurance serves as a more comprehensive and complete risk management tool for the real estate transaction and property ownership.