Volition versus feasibility: state aid when aid is looked upon favourably: the broadband example

The European Commission published on September 30, 2009, Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks. These Guidelines are applicable to two markets that are connected, although somewhat different. In ??traditional?? or ??first generation?? broadband networks, public intervention mainly relates to rural communities or areas which are economically underdeveloped. Therefore, a corrective nature of the aid is maintained. However, the Guidelines are also applied to accelerate the deployment of next-generation access (NGA) networks, which implies a driving conception of State aid, as this is an emerging market and there are relatively few Europeans who have access to these networks. The analysis of these Guidelines thus seems relevant due to its novelty and, particularly, to the results that it can bring.     

Public Reason Between Ethics and Law

Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar??or the philosopher??, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think by themselves (selbst denken). A closer examination shows that Rawls is not so far from Kant as it seems, because he takes the constitutional judges not as they are, but as they should be. However Rawls still apparently refuses Kant??s unity of reason. Further investigation of the relations between ethical reason, democratic reason and legal reason is needed. Democratic reason is tantamount both to public reason and to legal reason in a modern constitutional state. It is a requirement of ethics but still not identical with ethical reason, since it is possible to accept democratic reason and to argue against it from an ethical point of view. There is just one good way of reasoning, in spite of the constraints that the sources of law and the rules of procedure impose on legal reasoning, compared with ethics. Such constraints are based on the democratic principle, which is again based on ethical reason, which at last both grounds and limits the constraints that law imposes on reason.     

Developmental validation of the AmpFℓSTR® Identifiler® Plus PCR Amplification Kit: an established multiplex assay with improved performance

Abstract: Analysis of length polymorphism at short tandem repeat (STR) loci utilizing multiplex polymerase chain reaction (PCR) remains the primary method for genotyping forensic samples. The AmpF?STR^® Identifiler^® Plus PCR Amplification Kit is an improved version of the AmpF?STR^® Identifiler^® PCR Amplification Kit and amplifies the core CODIS loci: D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, CSF1PO, FGA, TH01, TPOX, and vWA. Additional loci amplified in the multiplex reaction are the sex‐determinant, amelogenin, and two internationally accepted loci, D2S1338 and D19S433. While the primer sequences and dye configurations were unchanged, the AmpF?STR^® Identifiler^® Plus PCR Amplification Kit features an enhanced buffer formulation and an optimized PCR cycling protocol that increases sensitivity, provides better tolerance to PCR inhibitors, and improves performance on mixture samples. The AmpF?STR^® Identifiler^® Plus PCR Amplification Kit has been validated according to the FBI/National Standards and Scientific Working Group on DNA Analysis Methods (SWGDAM) guidelines. The validation results support the use of the AmpF?STR^® Identifiler^® Plus PCR Amplification Kit for human identity and parentage testing.     

Medical responsibility in the operating room: the example of an amniotic fluid embolism

Amniotic fluid embolism (AFE) continues to be one of the most feared complications of pregnancy. A healthy 32-year-old woman died during delivery after a normal 39-week third pregnancy. The family filed a complaint with a criminal court as the causes of death appeared unclear. No risk factor associated with AFE was identified. Clinical presentation was typical, including sudden onset of cardiovascular and respiratory symptoms. Autopsy confirmed the histological diagnosis of amniotic embolism and excluded an iatrogenic cause of death or anesthetic malpractice. This article highlights the value of both antemortem records and histological features in establishing the diagnosis of AFE and demonstrates the fundamental importance of autopsy in an unexpected death related directly or indirectly to a medical procedure.     

How does psychopathy relate to humor and laughter? Dispositions toward ridicule and being laughed at, the sense of humor, and psychopathic personality traits

This scoping study examines the relation of the sense of humor and three dispositions toward ridicule and being laughed at to psychopathic personality traits. Based on self-reports from 233 adults, psychopathic personality traits were robustly related to enjoying laughing at others, which most strongly related to a manipulative/impulsive lifestyle and callousness. Higher psychopathic traits correlated with bad mood and it existed independently from the ability of laughing at oneself. While overall psychopathic personality traits existed independently from the sense of humor, the facet of superficial charm yielded a robust positive relation. Higher joy in being laughed at also correlated with higher expressions in superficial charm and grandiosity while fearing to be laughed at went along with higher expressions in a manipulative life-style. Thus, the psychopathic personality trait could be well described in its relation to humor and laughter. Implications of the findings are highlighted and discussed with respect to the current literature.     

《政府采购协议》的非歧视原则及其适用例外

《政府采购协议》(GPA)与WTO中其他的一揽子协定不同,对参加方安排了另行谈判的机会并规定了特殊的非歧视原则。该条约目前尚没有对专业性很强的政府采购技术性标准确定全面的规范,特殊适用例外也十分明显。这种特殊性为我国政府提供了谈判的空间,有必要从国际法角度务实地研究它们。     

海外侨胞积极为推动祖国经济发展做贡献

改革开放以来,中国的综合国力和国际影响不断提升.据统计,从1978-2004年,中国GDP年均增长9.4%,已成为世界第六大经济体.祖国的发展壮大,为海外侨胞创造了特有的发展机遇.     

浅淡“六五”法制宣传教育方式的创新——对绛县开展法制教育情况的思考

法制宣传教育是提高全民法律素质、推进依法治国基本方略实施、建设社会主义法治国家的一项基础性工作。如何在“六五”普法中创新宣传教育的方式方法,提升教育实效,是我们必须深入研究和探索的理论和实践问题。笔者结合工作实践,谈点粗浅认识,与大家商榷。