The ADA on the Road: Disability Rights in Germany

This paper examines the impact of a "disability rights model" on the emerging disability rights movement in Germany. Traditional German disability politics and activism are based on the expansion of welfare and special needs provisions rather than on equal rights and integration. Inspired by the 1990 Americans with Disability Act, German activists adopted a disability rights model and successfully worked toward the passage of a constitutional equality amendment in 1994 and ant-discrimination legislation in 2002. Using the literature on rights mobilization, this paper argues that German disability activists use rights talk to both support and contest culturally specific approaches to disability rights, equal treatment, and the role of the state in guaranteeing welfare rights. The globalization of disability rights should not be viewed as an imposition of American norms but as a more complex process of adaptation and cultural transformation that involves constructing locally legitimate approaches to disability rights with an American import.     

Identification based on medical findings

1. The indications such as the place of finding, the identification of clothes or other personal items, represent only the first step towards the identification of a corpse. 2. An identification based on medical data, other than dental, is often possible, more often than it is believed. 3. The forensic pathologist plays a double role in the case of such an identification: a) in the phase of the inquiry, he must contact the investigators and the families to explain his wishes and the different possibilities of identification. b) he must use the gathered information in the appropriate way. 4. It would be desirable to compose some statistical tables of the various medical elements useful for the identification (mutilations, surgical operations, etc...). We present six cases of identification in our practice.     

Predicting patrol officer performance from a psychological assessment battery: A predictive validity study

The psychological assessment battery is an integral part of the selection process used to select patrol officer applicants. Unlike all other procedures used in the selection process, the psychological assessment has not been adequately validated. The purpose of this study was an attempt to provide validation data for a psychological assessment battery. The battery consisted of the Nelson-Denny, Shipley-Hartford, MMPI, and the Motivational Analysis Test (MAT). Performance measures included various measures of training academy performance and field training performance. A stepwise regression and MANOVA/Discriminant Analysis indicated that the psychological tests did predict performance, although an exact predictive equation could not be developed due to the high intercorrelations between predictor variables. This research was sponsored in part by a grant from the School of Applied Arts and Technology, Southwest Texas State University.     

我国《企业破产法(试行)》存在的几个问题

<正> 随着我国经济体制改革向纵深发展,《企业破产法》有如下几个方面的不足和缺陷。 一、关于企业破产时间问题 《企业破产法》第3条规定,“企业因经营管理不善造成严重亏损,不能清偿到期债务的,依照本法规定,宣告破产。”也就是说,在我国,“不能清偿到期债务”即“清偿不能”是企业法定的破产原因,所谓“清偿不能”不是指债务人主观上不愿清偿或暂时因资金不足等原因未清偿,而是指债务人客观上没有能力清偿到期债务。对此,理伦界、立法及司法部门都有很明确的阐述,并基本上达成共识。但稍显不足的是《企业破产法》对企业破产的时间却没有明确的界定,即没有规定企业负债多少或负债多长时间后应强制申请破产。依据《企业破产     

具体行政行为研究的创新与突破——评方世荣的新著《论具体行政行为》

<正> 具体行政行为是我国行政法学理论研究的一个重要范畴。对具体行政行为性质、地位范围的界定和阐释不仅涉及到行政行为的一般理论,而且关联到行政法的基本原理。自1989年我国《行政诉讼法》对具体行政行为加以明文规定以来,其内涵和外延在行政执法和行政诉讼中更有“牵一发而动全身”之势。然而,对于这样一个重要理论范畴,无论是在行政法学学术界中,还是在行政执法、行政审判的实务界中,都尚未予以足够的重视和加以充分、系统的研究。因此,方世荣教授的新作《论具体行政行为》可以认为是行政法学这一领域内的一部开拓性的著作。 该书以具体行政行为作为思考行政法理论的全新视角,通过这一视角,作者关注和反思行政行为的基本理论以及行政执法与行政审判中诸多重大、疑难问题,提出了一系列独到的见解,新论纷呈。     

Thyreoglobulin and violent asphyxia

The concentration of thyreoglobulin (tg) was determined for death caused by hanging, strangulation by ligature, and throttling. Cases of sudden death (traumatic aortic rupture, penetrating wounds of the heart) were used for comparison. The mean values in cases of hanging (149.9±202.3 ng/ml), strangulation by ligature (193.1±173.3), manual strangulation (561.6±173.9) are distinguishable from violent acute deaths (23.3±27.6) and living healthy individuals (17.3±16.1). By means of statistical comparisons, significant differences were found between throttling and strangulation by ligature and between throttling and hanging (adjusted P<0.001). In connection with examination of the bodies high tg values can be regarded as a vital reaction in obstructive asphyxia.     

Diversity and Discontent: The Relationship Between School Desegregation and Perceptions of Racial Justice

A number of recent studies have explored the consequences ofinterracial peer effects on the academic and social performanceof minority students. This article contributes to that discussion,focusing, however, on perceptions rather than behaviors. Theanalysis suggests that exposure to white peers is associatedwith declining perceptions of racial justice among black andLatino high school students. While cautioning against causalinterpretations of this finding, the article suggests that theintegrationist aims of Brown v. Board of Education will notbe satisfied without more thoughtful and vigorous desegregationefforts.