博客时代的言论自由及其法律规制——以美国苹果公司商业秘密案为例

以苹果公司商业秘密案为例，通过对该案中双方的主要诉争所在、圣克拉拉县高等法院和加州第六上诉法院缘何做出不同判决及各自判决书背后的论证理由等方面的分析，展示美国言论自由保护传统方面的有关特点，并为我国博客环境下言论自由的法律规制提供一些借鉴之处。     

Family Structure, Community Context, and Adolescent Problem Behaviors

A number of models have been proposed to explain the relationship between family structure and adolescent problem behaviors, including several that consider parent-child relations, family income, stress, and residential mobility. However, studies have not explored whether the different types of communities within which families reside affect the association between family structure and problem behaviors. A community context model also suggests that the relationship between family structure and problem behaviors may be conditioned by community characteristics. The results of a multilevel regression model that used data from the National Educational Longitudinal Study (NELS; n = 10,286) indicated that adolescents from homes with a recently divorced mother, a mother and stepfather, a single mother, or a single father reported more problem behaviors regardless of the community context. Moreover, adolescents living in communities with a high proportion of impoverished residents, female headed households, or jobless males reported more problem behaviors irrespective of family structure.

Prevail or perish: Anglo-German naval competition at the beginning of the twentieth century

Abstract

British politicians often argued that Britain maintained its navy only in order to secure its own survival by keeping sea communications open, while Germany in no real need of a powerful navy, threatened this legitimate British policy-goal by pursuing expansionist politics. German leaders, emboldened and a little dazzled by the tremendous industrial and economic success of the newly unified Reich, held that Britain was maintaining its economic dominance in the Empire by military means and thus blocking the progress Germany hoped to make in its aspiration to parity status and economic prosperity, with all that that entailed. This paper will explore the underlying rationale of the arms race between Britain and Germany shining through in those different positions on legitimate (military) policy aims. It will go beyond the visible symbols, as it were, of the Dreadnought and the Two-Power standard. These very concrete matters will also be dealt with here but, more importantly, this essay is meant to give some answer as to whether an archetypal differentiation between survival on the one hand and domination on the other can be made out as the predominant logic that led the two countries to embark on the road to the Great War.     

永嘉乱后琅邪王氏家族对齐鲁文化的传承

永嘉乱后琅邪王氏家族追随司马睿南下,积极兴建新朝,恢复儒学,促进南北文化融合,成为东晋立国的主要支柱。在两晋之际特殊的历史条件下,该族群将鲁文化中崇儒守礼、务实重功和齐文化中因俗而变的传统巧妙地结合在一起,不仅使其家族门第高显,冠冕不绝,保存并延续了齐鲁文化,同时也促进了齐鲁文化与中原、荆楚等地域文化的交流和融合,共同发展了江南文化,在中国文化发展史上产生深远影响。     

From Young Turks to modern Turkey: the story of Hüseyin Aziz Akyürek (Aziz Bey), the last director of the Ottoman General Security Service

Mustafa Kemal Atatürk, founder of modern Turkey, was one of the early leaders of the Young Turk movement. Nevertheless, when he founded modern Turkey as a nation-state he pushed the veterans of the Young Turks aside, as their pan-Turanian ideology no longer suited the basics of the new state. The leaders of the Young Turks represented the past and their perceptions no longer corresponded with the change of circumstances and the new objects of the nascent state. While Armenian activists assassinated some of the top leaders of the Young Turks as a revenge for the Armenian genocide, second-rank leaders had now to find their way in modern Turkey. Aziz Bey was one of the seniors of the Ottoman security system during the Young Turks period and eventually reached the most senior position of director of the Ottoman General Security Service. When modern Turkey emerged, because of his remarkable talents, he managed to fit in middle-level positions in the new state (province governor, mayor and MP), but never regained elite status.     

Family values reconsidered: a response

Abstract

It is wonderful to receive so much careful attention. But it’s also frustrating. Each paper poses important questions, and between them they cover a wide range of issues. It is challenging, on such big topics, and in so few words, simultaneously to set the record straight, to identify the various objections posed by our critics, and to respond to them in a way likely to advance our collective understanding of the issues. Still, here goes.     

Compensation,retraining and respiratory diseases: British coal miners, 1918–1939

By 1918, the British coal industry, like all industries, was facing the pressures of transitioning from a wartime to a peacetime economy. The pressures brought by a slowing economy would leave many coal miners, who possessed limited transferrable skills, harbouring deep concerns about their future employment. For those still in employment, concerns were increasing for workers’ health. Sharp increases in respiratory illnesses across the nation’s coalfields were now a major cause of disablement. Accompanying this was the almost inevitable possibility of unemployment, prompting major concerns among workers and trade unions. This article will explore how the nature of industrial relations across Britain’s coalfields changed during the interwar years in response to these challenges, and reveals how the government developed schemes to train disabled coal miners for work in other industries. The relationship between trade unions and the Ministry of Labour, and the incremental passage of legislation to address issues concerning workers’ occupational health in Britain’s coal mines will be examined. The onset of the Second World War ensured the coal industry was now central to the war effort. Recruitment was intensified accordingly. The improvement to working conditions underground, negotiated by trade unions, helped ensure that the workforce and the coal industry more generally were well-prepared for the challenges of the post-First World War economy, and the difficulties the Second World War would bring.     

A Roadmap for CANS Validation

In nearly every jurisdiction, juvenile or family courts will be using the Child and Adolescent Needs and Strengths (CANS) tool to assess whether children can safely be treated in family-like settings to meet federal Family First Prevention Services Act (FFPSA) requirements. Yet, a number of peer-reviewed publications have raised serious concerns regarding the lack of CANS validation research. Rather than reject CANS, this article provides a roadmap for validating the tool with data that jurisdictions have already collected. Courts should require these three simple analyses before relying on the assessment.     

论中国民事审级制度面临的挑战及其完善

我国现行民事审级制度不是"舶来品",而是经过漫长的演变过程逐渐形成的。现行法上的"四级两审制"民事审级制度在特定历史时期发挥了其应有的作用,但目前已经无法满足人民群众日益增长的接近司法的需求。我国民事审级制度体系的完善应当确立"四级三审制"、增设职能管辖制度、贯彻上诉利益理论、明确第三审为法律审等基本制度,同时建立允许例外情形下基于法定或意定的原因而适用一审终审制度,以及越级上诉制度和特别上诉制度。     

Privadentiality: Developing a Coherent Framework for Establishing Communication Protections in Family and Child Protection Dispute Resolution Methods

The emergence of innovative family and child protection dispute resolution (DR) methods has resulted in a varying array of communication protections. Review of these communication protections in the United States reveals a lack of consistency and clarity within each form of DR, and no clear policy to guide the development of the different communication protections across the spectrum of DR methods. This article proposes a new term, privadentiality, to describe communication protections which may be provided for a wide range of DR methods and a framework for categorizing DR methods in order to develop more consistent and appropriate communication protections across the spectrum of DR. This article concludes with recommendations to improve party and professional understanding of DR communication protections; protect families from escalating conflict; promote the integrity of DR methods; and enable courts to appropriately review and, where appropriate, approve DR outcomes.