路径依赖视野下网上银行安全保障义务的理性之维

网上银行安全保障义务以普通经营者的安全保障义务为前提,只是因为网上银行的特殊性具有了一定的差异性。对于网络信息技术的路径依赖使得网上银行的风险处于动态的过程之中,其安全保障义务的合理限度必须在当前技术水平下,结合网上银行的特殊性,按照低概率事件的可能性,以一个正常认知能力的人可接受程度为限综合考虑各种因素加以判断。配套设施达标和防范措施到位是合理划定网上银行安全保障义务的重要标准。     

Parental management,ADHD, and delinquent involvement: Reassessing Gottfredson and Hirschi's general theory

A core proposition of Gottfredson and Hirschi's general theory of crime is that ineffective parenting fosters low self-control in children, which leads to delinquent conduct. Using a sample of 2,472 students, we examined the impact of attention deficit hyperactivity disorder (ADHD) on self-control and delinquency. The analysis revealed three main findings. First, low self-control was a strong predictor of both self-reported delinquency and self-reported arrests. Second, parental monitoring not only increased self-control, but had direct effects on both measures of delinquency. Third, the effects of ADHD on delinquency were largely through low self-control.     

奇虎诉腾讯滥用市场支配地位纠纷上诉案二审判决的评析

自2008年《反垄断法》生效以来,"奇虎诉腾讯滥用市场支配地位一案"是最高人民法院依据《反垄断法》审理的第一起案件,该案的审理过程和判决结果都引发了理论界和实务界的广泛探讨。以二审判决书为主要分析对象,并结合《反垄断法》的规定和反垄断案件分析的一般思路,研究了最高人民法院对《反垄断法》具体条文的理解和适用的基本立场,为解决将来反垄断执法和私人诉讼中的一些原则性问题提供了参考。最高院在判决中对免费市场运用假定垄断者测试、确定相关地域市场等问题上有精彩论证,同时也留下了一些值得探讨的问题,例如,在市场份额对判定市场支配地位的作用、相关市场的界定是否属于反垄断案件的基本事实等重要问题上,法院存在模棱两可甚至自相矛盾的结论。     

浅析网络舆论与司法审判的关系

网络舆论作为司法审判的一种重要监督手段,在很大程度上对司法审判起着重要的促进作用,与此同时,网络舆论也因其各方面的特点表现出对司法审判强大的攻击力和影响力,甚至形成"舆论审判",并有愈演愈烈之势。面对如此严峻的"司法困境",从网络舆论的几个方面进行研究,侧重分析其与司法审判的内在机理。力争通过对网络舆论的"聆听",把握二者本质规律,进一步思考能够促进司法审判的各方面因素,力求实现二者的良性协调。     

互联网金融法律问题论纲—基于金融企业实务的视角

时下国内最热门的话题莫过于"互联网金融",究其原因主要是因为互联网金融不仅关涉政府部门、金融机构或互联网企业,也正在改变着社会的方方面面,包括思维方式、行为习惯和商业模式。当变革带给我们巨大便利和实惠的同时,纷繁复杂的互联网金融模式也留下了各种问题和争论,然而,在互联网金融发展的初期,法律层面的问题是我们首先需要面对和解决的。以实务的视角来看,互联网金融区别于传统金融的特征在于金额小、人数多、总量大和涉及面广,因而需要我们树立开放、包容和创新的理念,去探索适合互联网金融的法律规范模式。     

A Bridge in Flux: Narratives and the Policy Process in the Pacific Northwest

Policy narratives play an important role in the policy process. Often policy narratives originate from advocacy coalitions seeking increased support from the public for their policy stance. Although most Narrative Policy Framework studies have focused on national policy issues, this study examines a state and local economic development project by exploring the policy narratives from competing coalitions in favor and opposed to the project. Specifically, in the Portland–Vancouver area of Oregon and Washington, local policy discussions have been dominated by a proposal for a new mega bridge on Interstate‐5 connecting the two cities across the Columbia River. A new government agency (CRC—Columbia River Crossing) was formed for the implementation of this project. Upon approval of a proposal, CRC experienced heavy backlash from citizens, local businesses, community leaders, and other stakeholders leading to the formation of two competing coalitions in opposition and support of the bridge. This study, using content analysis of 370 public documents, finds that competing coalitions utilize policy narratives in strategic ways to characterize the opposing coalition, themselves, and other actors in the policy subsystem. This study also suggests that the strength and cohesion of a coalition's narrative contributes to its policy success and the winning/losing status of a coalition potentially determines the types of strategies they will use. Last, this study introduces and tests a new narrative strategy called the impotent shift testing a coalition's strategic use of the victim character.     

Utilizing Hyperlink Network Analysis to Examine Climate Change Supporters and Opponents

Hyperlink network analysis, which utilizes the links between websites to map online communication structures, offers an emerging methodology for studying the networks of supporters and opponents of public policies. Reasons for the methodology's appeal include the ability to utilize web crawlers to collect large amounts of data and the ability to apply quantitative and qualitative methods to examine network interactions. While the methodology has been utilized by diverse disciplines it is relatively new to the fields of political science and public policy. Utilizing a mixed‐methods research design, this article examines the applicability of using hyperlink networks to study opposing groups in the Colorado climate and energy policy subsystem while drawing increased attention to the methodology's strengths and weaknesses. The results demonstrate the methodology's considerable potential, but highlight the need for greater adoption of a collection of best practices designed to increase the validity, reliability, and generalizability of hyperlink research.     

Cluster hanging suicides in the young in South Australia

Retrospective review of hanging suicides in individuals aged ≤ 17 years was undertaken at Forensic Science South Australia, Australia, over two 5-year periods: 1995-1999 and 2005-2009. Seven cases of hanging suicides were identified from 1995 to 1999, with a further 14 cases from 2005 to 2009, an increase of 100% (p < 0.001). Hanging accounted for 33.3% of all suicides in this age group (7/21) from 1995 to 1999, compared with 93.3% of the total number of suicides (14/15) in the second 5-year period. In contrast, Australian national data from 1998 and 2008 showed a 30% decrease in hanging suicides in the young, from one case/100,000 population in 1998 to 0.7 in 2008. Cluster suicides occur in the young and are often initiated by direct communication. As it is possible that Internet-based social sites may facilitate this phenomenon, investigations should include an evaluation of the victim's Internet access given the potential risk of similar actions by peers.     

Co-Reach in IPR in New Media Workshop: CLSR co-hosts policy meeting on ISP Liability

The Co-Reach Workshop on ISP Liability on December 7, 2010 was organised by the Co-Reach IPR in New Media at the Herbert Smith Conference Center in London. The policy-making workshop was co-hosted by Computer Law and Security Review, as part of its aim to position itself at the forefront of policy discussion drawing upon the high quality scholarly contributions to the journal from leading experts around the world.     

The Google conundrum: Perpetrator or facilitator on the net? – Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 – Part I: The Google Images Search Engine

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper will deal with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two that will be published in the subsequent edition of the CLSR will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.