垄断与歧视:中小企业的金融困境

资金是企业的血液,金融市场是企业重要的外部环境。我国目前金融业的垄断与对中小企业的融资歧视使其只能具有短期化行为,从而进一步恶化日益尖锐的劳动关系。     

Anti-Discrimination Rights Without Equality

Anti-discrimination rights are nearly always thought to be justified or explained by equality, although the precise nature of this relationship is rarely considered. In this article I consider the two most plausible relationships, both of which are commonly at least implicitly asserted: that anti-discrimination rights are deontic equal treatment norms, and that anti-discrimination rights are instrumentally aimed at achieving telic equality. I try to show that, as a conceptual matter, anti-discrimination rights are not equal treatment norms: they do not require that all people (perhaps in a certain category) are treated the same. They allow for different treatment, but they prohibit different treatment only on some grounds. Although the suggestion that anti-discrimination rights are instrumentally aimed at telic equality (in some dimension) is conceptually plausible (like all instrumental relationships), it is most unlikely that anti-discrimination rights can be justified on this ground.     

劳劲力市场户籍歧视法律经济分析

从对劳动歧视的法律和经济学意义以及户藉歧视这一我国特有的劳动歧视现象进行分析可以看出,限制外来工就业的政策法规降低了资源配置的效率,造成了社会整体福利的减少,所以必须修改或废除相关法规。     

GATS第一案——“美国赌博案”评析

“美国——赌博案”由于第一次导致了对GATS的基本结构和数项重要规定的适用和解释,无疑构成真正意义上的GATS第一案。综观此案,上诉机构的裁决有以下几点需要引起我们足够的重视:上诉机构对GATS第16条第2款的a项和c项项下的市场准入做出了较宽泛的解释,可能使成员方的许多国内规制措施构成对市场准入的限制;发展了第14条中的必要性标准,缓释了被诉方满足必要性标准的举证责任;对第14条总括性规定中的“歧视性”问题给予了进一步的明确和确立。     

选举权上的差别对待和农民的“国民待遇”——兼论《选举法》再次修改的必要性

农业人口选举权是城市居民的1/4,这是他们的人均收入不足城市居民的1/4、政府对基层农村卫生经费投入人均不到城市的1/4,以及农民在其他方面长期没有享受到“国民待遇”的重要原因之一。而要给农民以“国民待遇”,必须重视选举权对改变农民弱势地位的重要作用,同时相信中国农民的民主能力。在将来再次修订《选举法》时,凡是对农业人口有歧视规定的条文,都在必要修改之列。     

A Meta-Analysis of Race and Sentencing Research: Explaining the Inconsistencies

Numerous studies have addressed the question: Are African-Americans treated more harshly than similarly situated whites? This research employs meta-analysis to synthesize this body of research. One-hundred-sixteen statistically independent contrasts were coded from 71 published and unpublished studies. Coded study and contextual features are used to explain variation in research findings. Analyses indicate that African-Americans generally are sentenced more harshly than whites; the magnitude of this race effect is statistically significant but small and highly variable. Larger estimates of unwarranted disparity are found in contrasts that examine drug offenses, imprisonment or discretionary decisions, do not pool cases from several smaller jurisdictions, utilize imprecise measures, or omit key variables. Yet, even when consideration is confined to those contrasts employing key controls and precise measures of key variables, unwarranted racial disparities persists. Further, a substantial proportion of variability in study results is explained by study factors, particularly methodological factors.     

The Rise and Fall of Political Engagement among Latinos: The Role of Identity and Perceptions of Discrimination

This study analyzes how perceptions of discrimination against oneself and/or one’s group and whether one self-identifies in national (American), national origin, or panethnic terms affect levels of political engagement among Latinos in the United States. The findings show that perceptions of discrimination against oneself are particularly damaging in that they promote both behavioral and attitudinal alienation (e.g., non-voting and lack of trust), especially among Latinos who identify primarily as American. Behavioral alienation can be mitigated, and even overcome, when perceptions of discrimination are accompanied by a panethnic or national origin self-identification. However, the attitudinal alienation created by perceptions of discrimination is not mitigated by any type of self-identification. These findings shed light on understudied factors that affect political engagement that are going to become more important to understand as the American population continues its ethnic diversification. In addition to expanding our knowledge of political engagement generally, this study also raises important questions about whether the adoption of an American self-identification is in fact beneficial for the health of our participatory political system as a whole.     

Voluntary and therapeutic castration of sex offenders in The Netherlands (1938–1968)

Between 1938 and 1968 some 400 sex offenders in the Netherlands who by court orders had been put at ‘the discretion of the government’ and were incarcerated in asylums for the criminally insane, ‘voluntarily’ submitted themselves to ‘therapeutic’ castration, the surgical removal of their testes. Prior to 1938, inspired by a Danish castration act from 1929, and urged by asylums that were overcrowded by sex offenders, the ethics of the surgery had been discussed for nearly a decade amongst theologians, (forensic) psychiatrists, jurists and politicians, mostly in the context of eugenic sterilization. Discussions of conflicting Catholic, Protestant and non-denominational points of view vis-à-vis eugenics resulted in consensus about ‘therapeutic’ and ‘voluntary’ castration. Sexual deviancy, according to some, was like a tumor located in the testes, which could therefore be removed without moral objections and the person was thus cured of his disease. Although obviously related to forensic psychiatry and concerned with issues like protection of society and treatment of offenders, discussions were never held in a strictly forensic context. Unlike in other countries in which castration policies were enforced, in The Netherlands the surgery was never embodied in law but subject to an informal protocol that covered political accountability. To satisfy Catholic objections references to eugenic aims were omitted from the documents, as were references to castration as a penalty.     

From Identity Verification to Behavior Prediction: Ethical Implications of Second Generation Biometrics

In this article, we will compare ethical issues raised by first and second generation biometrics. First generation biometrics use characteristics readily visible to the naked eye to ensure that the person identified is the person he claims to be, whereas second generation biometrics focus on behavioral patterns with the aim of predicting suspicious behavior or hostile intentions. While the collection of biometric features for identification is visible to the person involved, capturing biometric features from a distance may go unnoticed. Our study of a range of U.S. and European projects of second generation biometrics, particularly of Future Attribute Screening Technology and Automatic Detection of Abnormal Behaviour and Threats in crowded Spaces, shows that if data subjects are not aware of the processing of their data, and if behavioral patterns are interpreted without any knowledge of the subject's will and motives, there are risks of discrimination and stigmatization. Thus, second generation biometrics raise some new ethical concerns besides issues of integrity, privacy, and data protection and further underscore the importance of the principle of informed consent in order to maintain public trust.     

教育中儿童歧视的法律规制

儿童不受歧视作为一项保护儿童权利的基本原则已经得到国际与国内立法的认可。我国目前存在着儿童歧视现象，主要表现为差生歧视、户籍歧视、残疾歧视、贫困歧视及性别歧视等形式。应当认为，这些歧视已经严重地侵害了儿童的平等受教育权，需要对此予以适当的完善。