Die Vertretung der AG bei Rechtsgesch?ften mit dem Vorstand (§ 97 Abs 1 AktG). (1. Teil)

"Der Aufsichtsrat ist befugt, die Gesellschaft bei der Vornahme von Rechtsgesch?ften mit den Vorstandsmitgliedern zu vertreten [und gegen diese die von der Hauptversammlung beschlossenen Rechtsstreitigkeiten zu führen]." In den letzten Jahren haben sich einige Vertreter der Lehre von der bis dahin einhellig vertretenen Auslegung von § 97 Abs 1 AktG abgewendet. Sie pl?dieren für ein Vertretungsmonopol des Aufsichtsrates bei Rechtsgesch?ften der Gesellschaft mit Vorstandsmitgliedern. Dem eigentlich klaren Wortlaut von § 97 Abs 1 AktG wird dabei mittels einer fragwürdigen teleologischen Reduktion ein Inhalt beigemessen, den er nicht hat.     

PGTandMe: social networking-based genetic testing and the evolving research model

The opportunity to use extensive genetic data, personal information, and family medical history for research purposes may be naturally appealing to the personal genetic testing (PGT) industry, which is already coupling direct-to-consumer (DTC) products with social networking technologies, as well as to potential industry or institutional partners. This article evaluates the transformation in research that the hybrid of PGT and social networking will bring about, and--highlighting the challenges associated with a new paradigm of "patient-driven" genomic research--focuses on the consequences of shifting the structure, locus, timing, and scope of research through genetic crowd-sourcing. This article also explores potential ethical, legal, and regulatory issues that arise from the hybrid between personal genomic research and online social networking, particularly regarding informed consent, institutional review board (IRB) oversight, and ownership/intellectual property (IP) considerations.     

Persons and available identities: Gender in Hegel's philosophy of law

Conclusion There is certainly a paradox in all this but it is not that of the constitution and the counterfactual beliefs it demands of us. It is rather that in the absence of Hegel's inspiration and of the actual closure on the dialectic of freedom that justifies his claims, his accomplishment, the logical reconstruction of modern Western ideas of right, would not have been possible. Some will cry irony in the face of this paradox and well they might. My argument,vis a vis Hegel isad hominem. But it is not made for the purpose of irony. It is made in the hope of recovering Hegel's sense of the ambiguity of tautology from the straitjacket of our legal and ethical thought. I would hope then to use this paradox to subvert anidée fixe — that right is right — and develop, from the lives of those whom the constitution has stripped bare, our understanding of its wrong.     

Rumours from the cauldron: Competition among feminist writers

Why have feminists been silent about competition among women? Most of us feel a personal distress and a political confusion when we acknowledge such rivalry. Is competition antithetical to feminism? Competition among women writers is a highly charged topic because literature is a peculiarly public project from a particularly private endeavor. This paper is written to open the issue for discussion within the larger feminist forum.Here I suggest that women cannot win by competing in an androcentric system. To clearly understand competition, we will want to distinguish between competitive feelings and the process or competition, between suffering and virtue, between criticism and conflict and between competition for patriarchal fame and status and an internal competition for artistic excellence. I suggest that many of us get caught in envy or our own fears of ambition or our skewed ideas about literary criticism. In addition, the essay criticizes the notion of art as magic. I discuss writing as labor, suggesting that writers confront publishers about wages and working conditions rather than compete with each other for limited resources.Having examined competitiveness within the androcentric system more clearly, can we find any ways for competition to serve us? Is it possible to go back to the Latin root of compete (to meet, to strive together) and develop a ‘feminist competition’ which allows for both individual and collective progress?     

Reviews

Jerry F. Hough and Merle Fainsod, How the Soviet Union is Governed (An extensively revised and enlarged edition by Jerry F. Hough of Merle Fainsod's How Russia is Ruled). Cambridge, Mass., and London: Harvard University Press, 1979, xiv + 679 pp. £12.00.

Karen Dawisha, Soviet Foreign Policy Towards Egypt. London: Macmillan Press, 1979, 271 pp. £12.00.

Robert O. Freedman, Soviet Policy toward the Middle East since 1970 (Revised Edition). New York, London, Sydney, Toronto: Praeger Publishers, 1978. 373 pp.

Daniel Park, Oil and Gas in Comecon Countries, London: Kogan Page & New York: Nichols Publishing Company, 1979. 240 pp. £15.00.

Avi Shlaim and G. N. Yannopoulos (eds.), The EEC and Eastern Europe. London: Cambridge University Press, 1978. 251 pp. £15.00.

Daniel Tarschys, The Soviet Political Agenda: Problems and Priorities, 1950–1970. London: Macmillan Press, 1979. i + 217 pp. £10.00.

Soviet Society and the Communist Party, edited by Karl W. Ryavec. Amherst, Mass.: The University of Massachusetts Press, 1978. xviii + 220 pp. $15.00.

Richard Stites, The Women's Liberation Movement in Russia. Princeton, New Jersey: Princeton University Press, 1978. xxi + 464 pp. $37.50.

Barbara Wolfe Jancar, Women Under Communism. Baltimore, Maryland: John Hopkins University Press, 1978. x + 291 pp. $16.00.

Norman Saul, Sailors in Revolt. The Russian Baltic Fleet in 1917. Lawrence: The Regents Press of Kansas, 1978. xii + 312 pp.

Richard K. Debo, Revolution and Survival: The Foreign Policy of Soviet Russia 1917–18. Liverpool: Liverpool University Press, 1979. xiii + 462 pp. £15.00.

William O. McCagg, Jr. Stalin Embattled, 1943–1948. Detroit: Wayne State University Press, 1978. 423 pp. $18.95.

Arvind Vyas, Consumption in a Socialist Economy. The Soviet Industrialization Experience, 1929–1937. Foreword by Maurice Dobb. New Delhi: People's Publishing House, 1978. xii + 239 pp. Rs. 50.00.

Alfred D. Low, The Sino‐Soviet Dispute: An Analysis of the Polemics. London: Associated University Presses, 1977. 364 pp. £8.25.

Morris Rothenberg, Whither China: The View from the Kremlin. University of Miami. Monographs in International Affairs, xxi + 310 pp.

Morton Schwartz, Soviet Perceptions of the United States. Berkeley: University of California Press, 1978. 216 pp. £8.75.

A. Szymanski, Is the red flag flying? London: Zed Press, 1979. 235 pp. Paperback £2.95.

John Dunstan, Paths to Excellence and the Soviet School. Windsor: NFER Publishing Co., 1978. 302 pp. £9.75.

Leopold H. Haimson (ed.), The Politics of Rural Russia 1905–1914 (Studies of the Russian Insitute, Columbia University). Bloomington and London: Indiana University Press, 1979. x + 309 pp. $19.50/£13.65.

R. W. Seton‐Watson and the Yugoslavs: Correspondence, 1906–1941, Vol. II 1918–1941. Introduction by H. & C. Seton‐Watson. London and Zagreb: British Academy and University of Zagreb, Institute of Croatian History, 1976. 468 pp. + 474 pp. (two books).     

Jones v. Gerhardstein: the involuntarily committed mental patient's right to refuse treatment with psychotropic drugs

The question of whether an involuntary committed mental patient has a fundamental right to refuse treatment with psychotropic drugs continues to be a subject of much debate. Over the past twenty-five years, psychotropic drugs have become the most common form of treatment for the mentally ill. For many patients, these drugs provide substantial benefits; for others, however, they produce severe, sometimes debilitating, side effects. Because of the possibility of serious harm to the patient and because of the potential for abuse of drug treatment by psychiatric staffs, the mental health bar generally has argued for increased procedural protection for mental patients. In Jones v. Gerhardstein, the Wisconsin Supreme Court responded to these concerns by requiring that a judicial hearing be held on the issue of a patient's competency to refuse treatment before the attending physician may administer medication without the patient's consent. This Note discusses the controversy between the legal and medical communities over treatment refusal by mentally ill patients in light of the impact of the Jones decision on institutional practice and on refusing patients. The author argues that the strictly rights-based analysis used by the Jones court has done little to benefit involuntarily committed mental patients. The author suggests alternative ways of approaching treatment refusal that might be more responsive to the distinctive needs of the mentally ill.     

Spirits And Exams

正"Chinese mythology has many gods and spirits.One of the most enduring and popular of these gods is called Ho-Po or Ho-Shen,the Spirit of the River.Chinese ancients perceived him as a greedy god,because he often took a fancy to mortal men’s most beautiful     

Global Patterns and Postcommunist Dynamics

Many of the new democracies that have been formed since the fall of the Soviet Union in 1991 lack what had long been understood as preconditions for the democratic project: an earlier history of democratic politics, high personal incomes, a large middle class, and/or settled borders. The most distinctive aspects of this wave of democratic transitions are rapid regime change and the rise of democracies that exhibit a mixture of both authoritarian and democratic elements. This article explores what these new democracies can teach us about the factors that seem to encourage a transition from dictatorship to democracy, and what factors seem to contribute to its sustainability and institutionalization.     

Men and Sex Equality: What Have They Got to Lose?

This paper explores the gains and losses that might be involved in a shift to greater sex equality. It argues that in addition to practical changes, genuine equality would displace men and their needs as the unquestioned standard of humanity. Men are likely to find this deeply threatening. They could, however, benefit in the long run. Some men might, therefore, support sex equality on the grounds of self-interest as well as justice; they will, however, also experience short-term losses, and women cannot rely on their support.