人格刑法学的构想(上)

“人格刑法学”是在调和刑事古典学派和刑事近代学派的对立时提出的刑法理论。人格刑法学从相对自由的主体的人格出发把握刑法学中的人 ,根据构成要件该当性、违法性和责任三个要件的犯罪论体系 ,把责任作为犯罪论的核心和最后的犯罪要件 ,从行为责任和人格形成责任两个方面探讨人格责任论     

Isolation of deoxyribonucleic acid (DNA) from saliva and forensic science samples containing saliva.

Saliva and saliva-stained materials were examined as potential sources of deoxyribonucleic acid (DNA) for DNA analysis and identity testing. In this paper, the authors demonstrate that DNA was isolated and DNA banding patterns suitable for DNA typing were obtained from fresh saliva and various saliva-stained materials, such as envelopes, buccal swabs, gags, and cigarettes. Furthermore, DNA and DNA banding patterns were obtained from actual forensic evidentiary samples containing mixed saliva/semen stains. The DNA banding patterns obtained from saliva or saliva-stained material were indistinguishable from the patterns obtained from blood or hair from the same individual. Intact DNA was readily isolated and DNA banding patterns were obtained from saliva stored at -20 degrees C and dried saliva stains stored under varying conditions. We conclude that saliva and saliva-stained material can be good sources of DNA for analysis and for DNA typing in certain forensic settings.     

“中间裁决”的概念有待明确——兼与部分裁决、先行裁决、临时裁决比较

在我国“中间裁决”也已经写进了不少仲裁机构的仲裁规则里,“中间裁决”的案件已不陌生,但各个仲裁委的规则的概念是不一样的,我国《仲裁法》没有涉及这个问题,这样导致同样的一份裁决,在这个仲裁机构被称为“中间裁决”,在另一个仲裁机构可能被冠以“部分裁决”或者“先行裁决”等等,并且在实践中还可能使案件陷入两难境地。本文就此问题抛砖引玉,以期仲裁同仁进一步探讨。     

A functional approach to sudden unexplained infant deaths

There is a great deal of variation in the methods and wording used by medical examiners in the medicolegal investigation and certification of infant deaths. This paper was created by the NAME Ad Hoc Committee on Sudden Unexplained Infant Death to address several specific issues, namely: * To establish a functional approach to the investigation of sudden unexplained infant deaths; * To outline a "bare minimum" set of recommendations to define the scope of investigation required; * To recommend methods and wording to be used when certifying infant deaths; * To develop a list of potential stressors or possible external causes of death that should be identified and reported on the death certificate and/or within a medical examiner/coroner office database. This paper was electronically posted for NAME member review and comment for a period of 30 days. The paper was further revised based on member comments and then submitted to the NAME board of directors in the fall of 2005 prior to the annual meeting. This text of this paper was officially approved and endorsed by the NAME board of directors on October 14, 2005, at the annual meeting in Los Angeles, CA.     

行政法官在发展社会政策中的作用

<正>行政法官有一种严重的、在一定意义上属于低人一等的情结。①相比于"真正的"法官,他们对自身的地位过度敏感。然而他们在社会中的作用却使其他法官黯然失色。尽管他们的价值常常受到成本—效益(cost effectiveness)的衡量,但最重要贡献却在于社会政策的发展方面。②鉴于行政国家的发展,他们已成为政策发展的关键角色。正如伟大智者詹姆斯·兰迪斯(James Landis)所言:"对行     

Equality as a Basis for Religious Toleration: A Response to Leiter

In this short essay, I respond to Brian Leiter’s Why Tolerate Religion. I focus on two criticisms. First, I argue that Leiter’s own theory depends on an unacknowledged ideal of equality, and that equality is central to the utilitarian and Rawlsian bases for religious toleration that he draws upon in his book. Second, I argue against Leiter’s allowing, in certain circumstances, the state to establish religion and to promote religious conceptions of the good.     

未获支付的卖方对海运货物的留置权

本文分析了记名提单的法律性质 ,指出记名提单也是物权凭证 ,承运人必须凭单放货 ,否则将侵害未获支付的卖方对海运货物的留置权。