经济损失规则的边界功能

经济损失规则的概念和适用范围仍是争议的主题,这一规则本身的混乱伴随着该规则产生原因的更大的不确定性.区分侵权法和合同法的边界功能是经济损失规则令人信服的理论基础,但是一些重要的原则限制了边界功能的适用范围.在涉及合同关系的案件中解释及适用经济损失规则,只有关注诉讼当事人的实际行动才能恰当地实现该规则的边界功能.首先,如果原告不是某个协议的当事人,那么就没有任何理由限制原告依据侵权法享有的任何权利.其次,不能基于一个不是真实存在的合同提供的假想救济以及合同对纯粹经济损失的补偿具有假想的优先权限制原告的权利.再次,如果被告违反了一项独立于合同责任的侵权法义务,当事人之间的合同没有明确地或足够充分地暗示取代侵权法的救济,当事人则有权获得侵权法的救济.     

Examining the effects of the TASER on cognitive functioning: findings from a pilot study with police recruits

Objectives

Despite its widespread adoption by more than two-thirds of police departments in the US, there has not been a single study examining the effects of the TASER on cognitive functioning. This inquiry is important for two reasons. First, research has consistently documented cognitive deficits following exposure to electricity (the TASER is an electrical device). Second, questions have emerged regarding whether TASER exposure impairs suspects’ ability to understand and waive their Miranda rights.

Methods

To explore this issue, the authors carried out a pilot study with 21 police recruits who received a TASER exposure as part of their training at the San Bernardino County (CA) Training Center. Each recruit was given a battery of cognitive tests 3–4 h before TASER exposure, within 5 min after exposure, and again 24 h after exposure.

Results

Recruits experienced statistically significant reductions in several measures of cognitive functioning following TASER exposure. However, all recruits had returned to their baseline levels of functioning within 24 h. Learning effects were documented in several of the cognitive tests.

Conclusions

The questions driving this study involve serious issues including constitutionally protected rights of the accused, use of force by police, and previously unexamined effects of the TASER on the human body. The pilot study represents a critical first step in exploring the effects of the TASER on cognitive functioning. Moreover, the results provided the authors with important information that will guide their larger study, a randomized controlled trial where healthy human volunteers will be randomly assigned to four groups, two of which receive a TASER exposure.     

Social Protection Policy or a Political Largesse: Disability Fund Efficacy Assessment and Roadblocks to Sustainable Development Goals

ABSTRACT

Social protection policies have been tools for fighting social exclusion, inequality and reducing poverty incidence among vulnerable populations in developing countries. In this regard, the government of Ghana through the institution of the disability fund has demonstrated a commitment to advancing the cause of people with disabilities. In assessing policy efficacy, the realities on the ground, as well as policy challenges, 130 persons with disability (PWDs) and 10 Key Informants (KIs) were recruited from across five regions. In addition to conducting face-to-face interviews with PWDs, the study conducted a number of interviews with key informants (KIs). The study findings concluded amongst other things that, the policy is plagued with challenges such as limited information about the fund, fund access difficulty and disbursement delays. It was also revealed that; the policy is saddled with opacity and partisan politics. To ensure efficiency and expedite the achievement of Sustainable Development Goal (SDG) 1, the research proposed for policy restructuring. In addition to introducing financial literacy and management training for beneficiaries, the study proffers decoupling the fund management from political structures to help meet the objectives for which it was incepted.     

Do Small Area Fair Market Rents Reduce Racial Disparities in the Voucher Program?

ABSTRACT

A lawsuit that argued that the method used to calculate rent limits in the Housing Choice Voucher Program promoted racial segregation in Dallas, Texas, resulted in the U.S. Department of Housing and Urban Development developing zip code-based voucher rent limits in Dallas in 2011. This rent calculation approach was then expanded to five other demonstration sites in 2012. This article analyzes whether adjusting voucher rent limits reduces a minority household’s likelihood of living in a high-minority neighborhood, improves their likelihood of living in a higher opportunity neighborhood, and reduces the disparity in location outcomes between minority and White households in the voucher program. This article finds evidence of improvements in the location outcomes of Black and Hispanic voucher households because of the use of zip code-based rent limits, but that these results are only marginal with respect to the persistent disparities in outcomes based on race within the voucher program.     

The Four Nobles’ Truths and Their 16 Aspects: On the Dogmatic and Soteriological Presuppositions of the Buddhist Epistemologists’ Views on Niścaya

Most Buddhists would admit that every Buddhist practice and theoretical construct can be traced to or at least subsumed under one or more among the four nobles’ truths. It is hardly surprising, then, that listening to these truths and pondering upon them were considered the cornerstones of the Buddhist soteric endeavour. Learning them from a competent teacher and subjecting them to rational analysis are generally regarded as taking place at the very beginning of the religious career or, to put it otherwise, still as an ordinary person along the preparatory path. At this stage, the discursive nature of the four nobles’ truths fits well the didactic and intellectual requirements of early religious practice. But how about the subsequent, more distinctively intuitive/non-conceptual stages of a mystic’s career? How to interpret, for instance, our sources’ strong emphasis on the four nobles’ truths as forming the content of the first pivotal event on the path, the so-called path of vision? And how to understand a philosopher’s claim that the yogic path exhausts itself in one’s learning, rationally analyzing and mentally cultivating the four nobles’ truths? In order to understand this, one has to turn to Abhidharmic interpretations of the four truths as embodying the ultimately true aspects of reality itself. Here, the truths are not regarded as a didactic device encapsulating the entire Buddhist law, but as the basic sixteenfold structure of the real. It is, of course, these ultimately true aspects that the path of cultivation is supposed to make directly perceptible to the yogin, thus enabling him to get rid of ignorance.     

What is the Criminal Law for?

The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally.     

Domestic Violence and Social Support in a Clinical Sample of Deaf and Hard of Hearing Women

The present study examined domestic violence and perceived social support in a clinical sample of Deaf and Hard of Hearing women. Forty-six adult Deaf and Hard of Hearing females receiving outpatient mental health services completed a modified version of the Conflict Tactics Scale and the Interpersonal Support Evaluation List. Results showed that nearly three-quarters (71.7%) of the sample related experiencing psychologically abusive behaviors, and over one-half (56.5%) reported a history of physical violence from a partner. In addition, participants reported experiences of domestic abuse directly related to their deafness. Level of perceived social support did not differ for participants with a history of domestic violence victimization compared to those with no such history. Findings underscore the need for increased awareness of Deaf and Hard of Hearing women as a population at high risk, and warranting further investigative attention, with regard to domestic violence.     

Improving direct-care compensation in nursing homes: Medicaid wage pass-through adoption, 1999-2004

Because states play such a prominent role in the U.S. health care system, they have long grappled with how to best control health care costs while maintaining high quality of care. There are many policy tools available to address efficiency and quality concerns--from pure state regulation to market-oriented competition designs. Given public discourse and official party platforms, one would assume that states controlled by Democrats would be more likely to adopt regulatory reforms. This study examines whether party control, as well as other economic and political factors, is associated with adopting wage pass-through (WPT) policies, which direct a portion of Medicaid reimbursement or its increase toward nursing home staff in an effort to reduce staff turnover, thereby increasing efficiency and the quality of care provided. Contrary to expectations, results indicate that states with Republican governors were against WPT adoption only when for-profit industry pressure increased; otherwise, they were more likely to favor adoption than their Democratic counterparts. This suggests a more complex relationship between partisanship and state-level policy adoption than is typically assumed. Results also indicate that state officials reacted predictably to prevailing political and economic conditions affecting state fiscal-year decisions but required sufficient governing capacity to successfully integrate WPTs into existing reimbursement system arrangements. This suggests that WPTs represent a hybrid between comprehensive and incremental policy change.