美国法典1404(a)与非方便法院原则辨析

由于美国法典28卷1404（a）条款的立法规定在功能与措辞上均非常类似普通法上的非方便法院原则,因此很多学者误以为该立法规定与非方便法院原则之间并不存在实质性的差异。然而,这一看法并不正确。事实上,1404（a）条款立法在法律效果、证明标准以及具体适用方面均与非方便法院原则存在显著的区别。     

Political accountability,fiscal conditions and local government performance—cross‐sectional evidence from Indonesia

Why are some local governments more successful than others in managing resources and delivering services? And even more vitally, how can malfunctioning governments be reformed so that they perform their responsibilities more effectively? This article contributes to our understanding of theses overarching questions by exploring the interactions between political institutions and public sector performance in the context of decentralisation and local governance. It shows–both theoretically and empirically–that performance outcomes are determined by the extent to which people can hold their governments accountable through political institutions. The basic hypothesis underlying this research is that political accountability, either by encouraging sanctions upon non‐compliant public agents or simply by reducing the informational gap regarding government activities, will create forceful incentives for elected officials and civil servants to reduce opportunistic behaviour and improve performance. Using a cross‐sectional regression the hypothesis is empirically tested against evidence from newly empowered local governments in Indonesia. The empirical findings broadly support our hypotheses. Improved public services on the ground, both in terms of quantity and quality, require informed and well functioning decision‐making processes that allocate resources to priority areas that meet the demand of the broader community. Copyright © 2008 John Wiley & Sons, Ltd.     

新经济时代中国电子商务的现状及发展前景

在经济全球化背景下,新经济是以信息技术革命带动的、以高新科技产业为龙头的知识经济.新经济具有低失业、低通货膨胀、高增长的特点.作为新经济的组成部分,电子商务是IT技术涉足经济领域与网络经济发展的产物,是各国经济增长的强大动力.我国正处于电子商务发展的初级阶段,在网络基础设施、信用体系、物流配送、网络安全、法律制度等方面都需进一步加强和改进,以适应新经济发展的要求.     

Mortgaging Security for Economic Gain: U.S. Arms Policy in an Insecure World

Similar to other consumer sectors of the global economy, the transfer of advanced conventional weapons and military technologies has entered the globalization process, a process that has qualitatively and quantitatively altered the composition and structure of U.S. national security policymaking. By injecting the decisionmaking process governing arms transfers into the global market place, U.S. policy makers must now reconcile maintaining economic competitiveness within the global system without jeopardizing U.S. national security interests. By subordinating national security interests to global economic imperatives, U.S. decisionmakers are at risk of mortgaging the political, societal, and security welfare of its citizenry for profit.     

Bush: The Sequel

This article examines the likely foreign policy initiatives of the U.S. under the leadership of George W. Bush. The new president has outlined a fairly thorough critique of America's international behavior in the 1990s. Because a leader's public statements arguably serve to persuade various audiences and to build support for policy change, the article takes Bush's words quite seriously—along with those spoken or written by his closest foreign affairs advisors. Bush intends to abandon the so-called Clinton Doctrine and deploy national missile defenses. He is critical of American policies toward China and Russia, but has not presented bold new initiatives toward those powers. Under the rubric of "compassionate conservatism," Bush may alter U.S. relations toward the Global South in some interesting ways. The president and his advisors often purport to be realists, but the article demonstrates that their own words belie this claim as they often justify policies based on ideals rather than the pursuit of power.     

4株猪瘟流行野毒株病毒结构蛋白E2基因的核苷酸序列分析

应用RT-PCR和nPCR扩增由4株甘肃省近期(1997-1998)猪瘟流行野毒株的E2基因,将其克隆到pGEMTEasy载体上,经转化、筛选、鉴定后,测出核苷核序列.4株流行毒株的E2基因核苷酸序列同源性为89.2%-99.7%,相应的氨基酸序列同源性为93.8%-99.0%.这4株流行毒株;与C-株(疫苗种毒)E2基因的核苷酸序列同源性为82.2%-84.3%,相应的氨基酸序列同源性为87.9%-90.2%,表明近期猪瘟流行毒株与C-株的gp55蛋白之间存在一定的差异.     

死后血浆和溶血样本中IgE的稳定性

目的 探究死后血浆和溶血样本中免疫球蛋白E(immunoglobulin E,IgE)经过不同保存条件及冻融处理后的稳定性.方法 选取39例死后48 h内非冷冻尸体的心血样本,其中20例取血浆样本,19例取全血制成溶血样本.将样本置于-20℃、4℃、25℃条件下保存28 d及-80℃条件下保存1年以探究IgE在不同保存...     

文明冲突论视角下的沙特阿拉伯和美国的关系

在国家关系层面,西方和非西方之间的文明冲突具体表现为沙特阿拉伯与美国之间的冲突。沙特选择与一个意识形态完全不同的国家———美国结盟,固然存在着文明冲突,但是又超越了彼此间的冲突。不论双方之间的冲突有多大,国家利益的诉求将使这种关系继续存在下去,并且最终实现文明之间的融合。     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.     

Virtual anthropology: a preliminary test of macroscopic observation versus 3D surface scans and computed tomography (CT) scans

Virtual anthropology (VA) is based on applying anthropological methods currently used to analyse bones to 3D models of human remains. While great advances have been made in this endeavour in the past decade, several interrogations concerning how reliable these models are and what their proper use should be remain unanswered. In this research, a fundamental assumption of VA has been investigated: if the way we perceive and apply an anthropological method is truly similar when looking at bones macroscopically and through various 3D media. In order to answer, 10 skulls of known age and sex were scanned using a computed tomography (CT) scanner and a 3D surface scanner. Two observers separately applied a defined staging method to eight suture sites on these skulls, first looking at the bone macroscopically, then at the 3D surface scan, and finally on the CT scan. Two rounds of observation were carried out by each observer. Intra- and inter-observer error were evaluated, and two sample t-tests used to evaluate if the different types of medium used yielded significantly different observations. The results show a high degree of inter-observer error, and that data obtained from 3D surface scans differ from macroscopic observation (confidence level 95%, P ≤ 0.05). CT scans, in these settings, yielded results comparable to those obtained through macroscopic observations. These results offer many possibilities for future research, including indications on the kind of anthropological methods and anatomical landmarks that might be reliably transferable to the virtual environment. All current methods used in traditional anthropology should be tested, and if they prove unreliable, new techniques to analyse bones from virtual models should be developed.

Key points

• Large discrepancies between observation on dry bones and computer-generated 3D models (surface scans or CT scans) could lead to the re-evaluation of the suitability of traditional anthropological methods for application on 3D models.
• This preliminary study evaluates whether macroscopic, 3D surface scans, and CT scans viewings generate different observations.
• The results indicate that the data are not always coherent across all three media of observation.
• Explanations include the aspect given to the bone by the 3D software, differences between handling bones in real life versus on a computer, and level of expertise of the observers.