医疗损害赔偿纠纷不适用公平责任原则--兼与姚勇先生商榷

《法律与医学杂志》2005年第12卷(第4期)刊载姚勇先生大作“李某某诉某大学附属医院医疗事故人身损害赔偿案”一文,从被告是否存在侵害被告知情权和是否存在误诊过失进行了论证,结论是在这两方面被告均无过失(见原文)。对一审判决“被告对原告的左上肺实施切除手术并无不当,不构成医疗事故,......驳回原告李某某的诉讼请求”持肯定态度。但认为“本案中,虽说某大学附属医院的诊疗行为未存在过失,手术对李某某的病情也不失为一种积极治疗措施。但毕竟其初诊结论与最终的病理学结论存在一定的差异,而且在当今医疗水平尚不能根治疗癌症的情况下…     

The budgetary implications of welfare reform: Lessons from four state initiatives

Required work and training, a major component of recent “welfare reform” proposals, is intended to increase the self-sufficiency of welfare recipients and thereby produce savings for government treasuries as well as more income for the recipients themselves. This analysis focuses explicitly on the budgetary effects of such activities, estimating the cost savings and new revenues generated by welfare employment programs started in four states since 1981. It suggests that when a broad range of effects are taken into account over a sufficiently long period, the overall budgetary implications of the programs are usually positive at the federal, state, and local levels of government. The costs and gains, however, are shared unevenly by the three levels, which encourages disparities in the programs states and localities choose to implement.     

Why procedural justice in organizations?

This article reviews the existing research and theory on procedural justice and considers how it may be applied to the study of organizational behavior. It begins by distinguishing between the concepts of distributive justice and procedural justice and noting the historical contexts within which they emerged. Existing conceptual contributions and the research inspired by them are reviewed. The few existing studies applying procedural justice notions to organizational contexts are summarized, and the contributions of the articles to the present issue of this journal are reviewed relative to these efforts. The article closes by discussing the dual benefits of studying procedural justice in organizations: the enhanced understanding of the concept of justice and the behavior of people in organizations.     

《伊拉克研究小组报告》评析

2006年12月6日,《伊拉克研究小组报告》(“The Iraq Study Group Report”,下称《报告》)①面世。《报告》在共和党中期选举失利、布什政府对伊拉克政策受到广泛批评之时出台,将深化美国围绕伊拉克问题的大辩论,也将对未来美国对伊拉克的政策产生一定影响。同时,《报告》对伊拉