论冲突法上的适应问题

冲突法上的适应问题是一种法律关系的准据法同他种法律关系的准据法分别属于不同法律秩序时,应如何调整两者在适用上可能产生相互矛盾及不调和的问题。增强准据法的适应性或者说对准据法加以调整是当代冲突法的一个新动向。可以说,适应或调整程序浓缩了确定准据法的技术,冲突法上的某些制度本身就是适应观念的体现。在适应问题的解决方面,目前还难以制定统一的一般准则,总的来说,有冲突法的适应方法、实体法的适应方法和比较法的适应方法。适应问题不仅存在于法律适用阶段,而且也发生在管辖权协调和外国判决执行方面。     

Agenda Power in the Italian Chamber of Deputies, 1988–2000

We present strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly 0, and their roll rate is lower than opposition parties' roll rates, which average about 20% on all final‐passage votes. Second, after one controls for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree‐conversion bills and budget bills than on ordinary bills—results consistent with our theoretical analysis of the differing procedures used in each case.     

The Consequences of Electoral Institutions for Careerism

Although electoral institutions have been shown to have a variety of effects, scholars have not investigated if certain voting rules enable politicians to enjoy longer legislative careers. I took advantage of a natural experiment—a sudden transition from a semiproportional voting rule to single‐member districts with plurality voting (SMDP)—to measure the effect of electoral institutions on careerism. My analysis revealed that voting rules have a profound influence on the dynamics of legislative careers: politicians elected under SMDP are far less likely to suffer electoral defeat or to retire than those elected via cumulative voting. The findings of this study not only provide additional insight into the seat safety of politicians elected in first‐past‐the‐post systems, but moreover offer new criteria by which to evaluate the choice of electoral institutions.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.     

Development and usage of a NIST standard reference material for real time PCR quantitation of human DNA

National Institute of Standards and Technology SRM 2372 human DNA quantitation standard has been produced to support the need for a human-specific DNA quantitation standard in forensic casework and calibration of new quantitative polymerase chain reaction (qPCR) assays. The conventional DNA concentration has been assigned with one of the U.S. National Reference UV/Visible Spectrophotometers, assuming an absorbance of 1.0 at 260 nm equals 50 ng/μL of double stranded DNA. In addition, an interlaboratory study has been conducted, to verify that the SRM 2372 materials perform well in currently used DNA quantitation assays by the forensic DNA community. Each unit of SRM 2372 consists of three well-characterized DNA extracts. Component A is a single-source human male material derived from blood. Component B is a multiple-source human female material derived from blood. Component C was purchased as a purified unsheared genomic human DNA (Sigma-Aldrich Co., St. Louis, MO) obtained as a lyophilized human genomic extract and has both male and female donors. SRM 2372 is intended to enable the comparison of DNA concentration measurements across time and place. Manufacturers can use SRM 2372 to validate the values assigned to their own reference materials. Individual forensic laboratories can use SRM 2372 to validate DNA quantitation methods and to verify the assigned concentration of in-house or commercial DNA calibration standards.     

The Interpretation of Matching Trace Evidence: A Legal Perspective

本文描述了用于规范法庭科学证言的英美证据法,这些法庭科学证言主要是解释微量物证之匹配的重要性。本文根据即将出版的维基百科全书法庭科学卷部分改编。     

Is there a magical time boundary for diagnosing eyewitness identification accuracy in sequential line‐ups?

We examined whether eyewitness identification latencies for sequential line‐up decisions indicate an optimum time boundary that reliably discriminates accurate from inaccurate decisions. Participants (N = 381) observed a crime simulation and attempted two separate identifications from target‐present or target‐absent sequential line‐ups. As has previously been found with simultaneous line‐ups, the optimum time boundary identified did not reliably discriminate accurate from inaccurate identifications for both line‐up targets. Diagnosticity for choosers was, however, much higher at very high confidence levels than at lower levels. Possible reasons for why one index of signal strength (confidence), but not another (latency), might postdict accuracy within the sequential framework were presented.     

Public attitudes towards the death penalty

Responses to a general question regarding the use of the death penalty were compared with the sentences that respondents chose in a set of scenarios describing homicide cases. The percentage of respondents who assigned the death sentence in one or more of the following scenarios was higher than those who favored the death penalty in the abstract question, but there were inconsistencies in the answers. A majority assigned the death penalty only for the most heinous offender described, and the figures were lower for other crimes, even clear cases of first degree murder. At the same time, a manipulation involving information about methods of execution did not affect answers. These results strongly suggest that the abstract questions typically used in public opinion polls do not accurately reflect the public's feelings about use of the death penalty in specific cases. More generally, research on public opinion regarding criminal justice policies should survey a variety of specific circumstances.     

Book Reviews

Book Reviews in This Article:
America's Health Care Revolution. Who Lives? Who Dies? Who Pays? By Joseph A. Califano, Jr.
American Medicine: The Power Shift . By Eli Ginzberg
Health Services in the United States, 2d ed. By Florence A. Wilson and Duncan Neuhauser
The U.S. Health Care System. A Look to the 19905 . Edited by Eli Ginzberg.
Handbook of Health Care Risk Management . By Glenn T. Troyer and Steven L. Salman
Health Care Risk Management: Organization and Claims Administration . By Gary P. Kraus
Medicolegal Aspects of Critical Care . Edited by Katherine Benesch, Norman S. Abramson, Ake Grenvik, and Alan Meisel
Ethics and Critical Care Medicine . Edited by John C. MosLop and Loretta Kopelnian
The mentally disabled and the Law , 3d ed. By Samuel Jan Brakel, John Parry, and Barbaa A.