Comment on Harvey Jacobs' “Social conflict over property rights: the end,a new beginning,or a continuing debate?”

Jacobs draws on history, law, politics, and policy to examine the development and response of the private property movement and the social conflict over property rights and public planning. This comment suggests that the debate be broadened beyond the advocates of property rights and planning to include the interests of other members of the community, including minority and low-income households who are often affected by the outcomes. Otherwise, property will continue to be used to exclude people from democracy, rather than include them.     

Beyond East–West: Marginality and National Dignity in Finnish Identity Construction

The popular, stereotype perception of Russian anti-Semitism is marred by a number of misconceptions. It is generally believed that it originated among the peasants, partly as a result of religious bigotry and partly as a reaction against an alleged Jewish exploitation. In actual fact, pogroms almost invariably started in towns and cities, and the main instigators were artisans and merchants and other people who plied the same trade as the Jews, later also professionals such as lawyers. Hence, economic competition rather than exploitation was the most important driving force. This is reflected in the writings of Russian anti-Semites and is also how most contemporary Jews understood their causes behind their ordeals. The Jews could be targeted for persecution because they were a diaspora group and did not enjoy the same protection as the indigenous population. Thus, even though the tsarist regime can be cleared of any suspicion that they deliberately whipped up the pogroms, they contributed to them by failing to give the Jews the same rights as other subjects of the empire.     

我国反就业歧视法律规控研究

就业歧视现象在我国普遍存在,而反就业歧视法制相当落后。就业歧视的本质特征是没有正当理由的差别对待,法律禁止就业歧视的主要目的是保障平等就业权并实现社会正义。在市场化就业背景下,反就业歧视必须正确处理用工自主权与平等就业权这对“轴心”权利的相互关系。我国应当以正面赋予劳动者平等就业权作为反就业歧视的权利基础,以准确界定就业歧视作为反就业歧视的中心任务,从立法、执法和司法三个层面逐步建立健全我国反就业歧视的法律规控体系。     

犯罪心理现场特征辩

心理现场与物质现场的关系,诚然有一种反映与被反映的关系。但是,需要辨析“反映性”和“反应性”两个不同的概念,以及它们相互之间的联系。心理现场的物质支点是心理痕迹,它是以记忆痕迹为基础的物质痕迹之转换。犯罪心理现场区别于犯罪物质现场,有其自身的基本特点,把握了这些特点,就能更加自觉而有效地在案侦中重建犯罪心理现场。而犯罪心理现场运用的特点,需要辩明心理现场的重现与重建,如何提取犯罪心理痕迹,心理现场在犯罪重建中的运用等问题。     

Forensic Comparison of Automotive Aluminum Wheel Fragments Using Synchrotron Radiation X‐ray Fluorescence with 18‐ and 116‐keV Excitation X‐rays

The performance of synchrotron radiation X‐ray fluorescence (SR‐XRF) spectrometry for nondestructive discrimination of small fragments of automotive aluminum wheels was studied. Fragments (< 500 × 500 μm²) of 45 kinds of wheels were first analyzed by scanning electron microscopy–energy dispersive spectroscopy (SEM‐EDS) and then by SR‐XRF. Despite the Mg/Al intensity ratio being a useful identification index, SEM‐EDS was not efficient enough because of the absence of other meaningful indicators of comparison. Conversely, pairwise comparison was conducted and a 92.9% identification was achieved via SR‐XRF using 18‐keV X‐rays. Trace heavy elements in the high‐energy region were detected by SR‐XRF using 116‐keV X‐rays, and an 82.9% identification was obtained. Combined use of 18‐ and 116‐keV X‐rays allowed 98.2% identification. Hence, SR‐XRF is a powerful tool for nondestructive discrimination of automotive aluminum wheels with high precision using trace elements in a wide energy region.     

Equality Law and the Protected Characteristics

UK anti‐discrimination law is founded on a grounds‐based system of protected characteristics. For this system to function as a legitimate and workable legal framework the characteristics must satisfy three conditions: they must have some definitional and categorical stability, they must broadly reflect people's understanding of social reality and lived experiences and they must align with the most significant axes of discrimination in society. This article argues that all three conditions are becoming increasingly difficult to satisfy as a result of dramatic shifts in social configurations of identity and the ongoing failure to include socio‐economic status as a legally protected characteristic. The future of the legislative framework may depend on the willingness of courts and policy‐makers to adopt a more context‐based approach to the protected characteristics. This would require them to interrogate claims of individual instances of discrimination in the context of wider, but also more particular substantive group disadvantage.     

An Incomplete Victory: The Implications of QT v Director of Immigration for the Protection of Gay Rights in Hong Kong

QT v Director of Immigration is the most important decision on gay rights in Hong Kong since the unequal ages of consent between heterosexuals and homosexuals were held to be unconstitutional 10 years ago. The Court of Appeal of Hong Kong affirmed the right of same‐sex couples married or in a civil partnership overseas to be treated on an equal basis with married heterosexual couples. This note considers the strengths and shortcomings of the Court of Appeal's reasoning, in terms of its potential significance both to the rights of sexual minorities and to the wider protection of human rights by means of the common law.     

论就业中的反性别歧视

目前 ,我国就业领域中存在着较为严重的性别歧视问题。既有历史文化和女性自身的原因 ,又由于法律政策的不健全所致。女性面对市场竞争要增强自信 ,提高自身素质 ;同时要给予女性的损失以社会化补偿 ;还要健全法律法规和建立完善的社会保障体系。