对我国动产抵押登记制度的思考

中小企业融资动产抵押面临着现存的法律冲突,但从中小企业融资实践的角度来看,确实有必要规定动产抵押规则,以缓和中小企业困境。动产抵押作为一项担保制度,民法学者已经对其有充分的研究,并且物权法通过之后扩大了动产抵押的范围。建立健全完备的动产抵押登记制度有利于解决中小企业动产抵押融资困境。     

论刑法上商业秘密的构成特征

刑法上商业秘密应具备秘密性、价值性、实用性和管理性四要件,其中,秘密性暗含新颖性要求,价值性为实用性所限制。由于罪刑法定原则的限制,对这四个要件只能进行严格解释,故刑法上商业秘密的范围小于知识产权法上商业秘密的范围。     

Enhancing Title IX Due Process Standards in Campus Sexual Assault Adjudication: Considering the Roles of Distributive,Procedural, and Restorative Justice

ABSTRACT

Title IX prohibits sex discrimination—including sexual assault—in higher education. The Department of Education Office for Civil Rights’ 2011 “Dear Colleague Letter” outlines recommendations for campus sexual assault adjudication allowing a variety of procedures that fail to protect accused students’ due process rights and victims’ rights under Title IX. This article reviews two diminished due process rights in campus adjudication: cross-examination and the preponderance of the evidence standard. We use an organizational justice theoretical framework to show that limitations on due process rights reduce fair outcomes for both victims and the accused. We provide recommendations for a restorative justice approach to campus adjudication that operates within this theoretical framework to increase fair outcomes in adjudication, bolster perceptions of adjudicatory system legitimacy, and reduce campus sexual assault.     

Sliding doors in Brussels: A career path analysis of EU affairs managers

This article investigates the revolving doors phenomenon in the European Union (EU). It proposes a management approach that treats this phenomenon as a form of corporate political activity through which companies try to gain access to decision makers. By using sequence analysis to examine the career paths of almost 300 EU affairs managers based in public and private companies across 26 countries, three different ideal‐typical managers are identified: those EU affairs managers coming from EU institutions and public affairs; those who make a career through the private sector; and those who establish themselves in national political institutions. This identification confirms that EU institutions need different types of information and companies need EU affairs managers with different professional backgrounds able to provide it. Rather than observing a revolving door of EU officials into EU government affairs, what the authors term ‘sliding doors’ – namely the separation of careers, especially between the public and private sectors – is discerned.     

De-Europeanisation of Civil Society and Public Debates in Turkey: The Kurdish Question Revisited

Abstract

This study discusses the dynamics of de-Europeanisation and the changing impact of Europe on the politically mobilised civil society involved in the public debates concerning Turkey’s Kurdish question. The article first critically assesses how and in what ways the legal and constitutional reforms on the freedom of assembly required by the European Union (EU) changed the political structure in which civil society organisations (CSOs) operate in Turkey. It then examines the views of CSOs on the potential roles and limitations of the EU in the Kurdish question and the peace process which lasted between March 2013 and July 2015. It also delineates the reasons why the political context of Europeanisation is not seen as instrumental by these CSOs to framing and justifying their arguments.     

Mainstream Revolutionaries: Sinn Féin as a “Normal” Political Party?

Despite the seismic shift of Sinn Féin from being the “mouthpiece” of the Provisional Irish Republican Army to the largest nationalist force in Northern Ireland, the party continues to project its objectives within the revolutionary politics and tradition of 1916. Whilst various groups across the island of Ireland stress their loyalty to Irish independence and allegiance to their republican forefathers, 2016 also plays host to devolved assembly elections in Northern Ireland. The centenary of the Easter Rising is therefore a poignant moment to reassess republican politics, more specifically, the relationship between the armed revolutionary tradition and constitutionalism. Within the post-peace process era Sinn Féin have been accused of maintaining an autocratic culture and an intra-party framework that is more representative of a clandestine revolutionary organisation than a political party. Yet, simultaneously, Sinn Féin have not been immune to the pressures experienced by other modern political parties, bound by the laws of electoral competition and driven by office-seeking priorities. In order to explore Sinn Féin within the modern political arena, this article firstly examines the broader debate surrounding how armed groups make the transition into constitutional politics. Secondly, public opinion survey data is used to judge the basis of Sinn Féin's electoral appeal. Finally, internal party documents are used to examine party structure, intra-party democracy, and professionalisation in order to judge the extent to which Sinn Féin have completed the transition from being a “mouthpiece” to their armed counterpart, towards being a “normal” political party.     

A Network Perspective on Negotiation: What Is New and Why It Matters

The resources that individual negotiators need to solve their problems are not available in a single, concentrated form, and they are certainly not available only within an isolated dyad itself. Instead, the necessary resources are widely dispersed among many actors within networks of business relationships. The best deal is unlikely to be fixed or predetermined, but is rather the outcome of long and time‐consuming negotiations that will then affect further negotiations. In this article, I describe a network perspective on negotiation that considers the relevance and impact of three phenomena that I call (1) vast connectivity, (2) multiple constitutions, and (3) ongoing consent. I further illustrate the applicability of these three factors using examples of real‐life negotiations.     

Knowledge on DNA Success Rates to Optimize the DNA Analysis Process: From Crime Scene to Laboratory

DNA analysis has become an essential intelligence tool in the criminal justice system for the identification of possible offenders. However, it appears that about half of the processed DNA samples contains too little DNA for analysis. This study looks at DNA success rates within 28 different categories of trace exhibits and relates the DNA concentration to the characteristics of the DNA profile. Data from 2260 analyzed crime samples show that cigarettes, bloodstains, and headwear have relatively high success rates. Cartridge cases, crowbars, and tie‐wraps are on the other end of the spectrum. These objective data can assist forensics in their selection process.The DNA success probability shows a positive relation with the DNA concentration. This finding enables the laboratory to set an evidence‐based threshold value in the DNA analysis process. For instance, 958 DNA extracts had a concentration value of 6 pg/μL or less. Only 46 of the 958 low‐level extracts provided meaningful DNA profiling data.     

Juvenile Competency and Pretrial Due Process: A Call for Greater Protections in Massachusetts for Juveniles Residing in Procedural Purgatory

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile‐specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency petition following an incompetency finding. Massachusetts and states similarly situated should adopt explicit statutory language to delineate the basis for a juvenile incompetency finding and the grounds for dismissing delinquency complaints pretrial after an incompetency finding has been made. This paper proposes that Massachusetts adopt a timeline for effecting such dismissals based in part on the amount of time a juvenile could face if committed to the juvenile correctional authority following an adjudication of delinquency. The paper also recommends best practices of states that are pioneering juvenile legislative reforms like dismissal timelines and incompetency presumptions. Finally, we suggest a more stringent regulatory framework be put in place governing the pretrial detention of youths who have been found not competent to stand trial—a framework that recognizes and preserves the juvenile's substantive rights to education, mental health and rehabilitative services. Without legislation, juveniles found not competent to stand trial remain subject to the prospect of indefinite locked detention, often without access to the necessary services that contribute to future success as well as attainment of competency. This lack of due process runs counter to the foundational goals of the juvenile justice system.     

The theoretical foundations of public affairs and political strategy: where do we go from here?

This paper argues that two of the obstacles facing the field are (1) the lack of a truly international perspective and (2) lack of coherence among studies. These obstacles are not necessarily the result of a lack of scholarship. Rather, the first is due to an ethnocentric bias on the part of western researchers and the second is due to the lack of an agreed taxonomy for business/government relations (BGR). The paper describes the characteristics of good classification systems (taxonomies) and suggests possible ways in which taxonomies could be developed. The paper concludes by arguing that the field should have multiple competing and complementary classification systems in order to promote rich and rigorous research. Such classification systems will allow researchers to build on the findings of previous work. Copyright © 2001 Henry Stewart Publications