论运输证券

论述了提单的法律性质,分析了关于提单性质的各种学说。认为提单作为证明运输货物交付请求权的有价证券,具有要因、要式、文义、指示、回赎、交付、处分证券的性质,同时提单也具有物权的效力。     

Can information change public opinion? Another test of the Marshall hypotheses

U.S. Supreme Court Justice Thurgood Marshall offered his opinion regarding the utility of public opinion polls as a tool for assessing the “evolving standards of decency” regarding capital punishment. His arguments became known as the Marshall hypotheses and spawned a considerable body of empirical testing. The three Marshall hypotheses are: (1) support for capital punishment is inversely associated with knowledge about it, (2) exposure to information about capital punishment produces sentiments in opposition to capital punishment, but (3) exposure to information about capital punishment will have no impact on those who support it for retributive reasons. The results of previous tests of these hypotheses were somewhat mixed but supportive. None of these studies, however, examined the effects of change in knowledge levels with changes, if any, in death penalty attitudes and beliefs as needed for a more complete test of the Marshall hypotheses. The present study addressed this shortcoming. The results provided mixed support for these three hypotheses. That is, death penalty supporters were somewhat less informed than death penalty opponents; exposure to death penalty information and knowledge gains tended to be associated with attitudinal change in a directions suggested by these hypotheses; but, retributivists' attitudes toward and beliefs about capital punishment were not any more resistant to change than were the attitudes and beliefs of non-retributivists.     

The future of Fair Trade coffee: dilemmas facing Latin America's small-scale producers

Fair Trade has become a dynamic and successful dimension of an emerging counter-tendency to the neo-liberal globalisation regime. This study explores some of the dilemmas facing the Fair Trade movement as it seeks to broaden and deepen its impact among the rural poor of Latin America's coffee sector. We argue that the efforts to broaden Fair Trade's economic impact among poor, small-scale producers are creating challenges for deepening the political impact of a movement that is based on social justice and environmental sustainability. The study is based on two years' research and seven case studies of Mexican and Central American small-scale farmer cooperatives producing coffee for the Fair Trade market.     

IMMIGRATION POLICY,BORDER SECURITY,AND MIGRANT DEATHS: AN IMPACT EVALUATION OF LIFE‐SAVING EFFORTS UNDER THE BORDER SAFETY INITIATIVE*

Subsequent to U.S. Border Patrol (USBP) efforts to control illegal immigration throughout the 1990s, concern arose over an apparent increase in deaths of illegal migrants as they began to undertake more treacherous routes to enter the United States from Mexico. In response, the Border Safety Initiative (BSI) was created to increase safety along the southwest border. Using multiple data sources, including the USBP BSI Incident Tracking System, this study evaluated the impact of life‐saving efforts performed under the BSI program. Results indicate that there has been no overall reduction in the rate of migrant deaths since BSI has been in operation. However, an evaluation of BORSTAR search and rescue teams and the 2003 Lateral Repatriation Program (LRP), which returned apprehended migrants from Tucson sector to less hazardous places along the border, were found to be effective in preventing migrant deaths. Policy Implications: Critics of U.S. immigration policy claim that the only way reductions in migrant deaths along the U.S.‐Mexico border can be achieved is through liberalization of immigration policy and relaxing of border security. Yet, for more than a decade, U.S. policy makers have increased restrictions on immigration and have tightened security at the borders. Considering this, alternative means must be deployed in order to save migrant lives in the near term rather than waiting for a reversal of immigration policy. This study suggests that proactive life‐saving measures implemented through a harm‐reduction strategy can have some impact on saving migrant lives.     

The legal aspects of corporate computer usage policies

In this paper we examine the legal aspects of corporate computer usage policies including their creation, management, and their relevance to corporate computer forensic investigations. Misuse of corporate computing facilities cannot only lead to a reduction in employee productivity and network bandwidth, but can also increase the risk of infection of such facilities by computer viruses and other malicious code. Moreover, it may lead to the risk of liability and legal action.     

The Outlook in Madagascar

The rebellion in Madagascar has been officially declared overby M. de Chevigné, the Governor-General. This accountof its background is written by one who served many years asa missionary mainly in the South-West of the Island and playeda prominent part in the occupation by the Allies during thewar.     

SPECIAL NEEDS CHILDREN IN FAMILY COURT CASES

This article presents a conceptual framework for describing cases involving children with special needs that are increasingly being seen in family court. Three categories that represent the most common of such cases include (1) acute, life-threatening medical conditions; (2) chronic developmental disorders; and (3) psychological and behavioral syndromes. After detailing the nature of the disabilities in each category, perspectives from the bench are offered with specific recommendations and general strategies for effective case management. This is followed by a proposal of an innovative conceptual model—the Individualized Parenting Plan (IPP)—that organizes and integrates nine domains essential for a comprehensive parenting plan for special needs children. The article concludes with a list of sixteen strategic guidelines for servicing the families of these special needs children, in their best interests.