The Devil's Lettuce: Primary Caregivers have the Constitutional Right to Distribute Medicinal Marijuana to Their Terminally Ill Child

Pediatric cancer is a tragedy that affects many American families. Despite the effectiveness of pediatric cancer treatments, patients experience adverse side effects that can be relieved by medical marijuana. However, medicinal marijuana is only lawful in twenty‐eight states, including the District of Columbia. This Note proposes that all fifty states enact compassionate‐use statutes permitting parents to lawfully possess and distribute the herb to their terminally ill child (between the ages of five to fourteen) to alleviate the effects of cancer treatments. Medicinal marijuana use provides pediatric cancer patients with better‐quality lives and the determination to win the war against cancer.     

从"马萨诸塞州诉环境保护总署"案谈美国公民公益诉讼制度及对我国的启示

2007年4月美国联邦最高法院对"马萨诸塞州诉环境保护总署"案的终审判决,体现了公民诉讼制度的立法本意。该案进一步明确了公民诉讼的性质,肯定了地方政府和非政府组织或公民为适格的原告,降低了原告关于损害事实的证明负担,淡化了因果关系要求。借鉴美国制度,建立公益诉讼制度,赋予相关机关、社会团体和公民提起环保公益诉讼的权利,是我国有效治理污染的唯一途径。     

Mine host is searching for a ‘neutrality’ principle!

This article examines the Advocate-General's comments on the ‘hosting’ provision in the eCommerce Directive (00/31/EC). He suggests the existence of a ‘neutrality’ principle in respect of intermediary liability, which operates irrespective of an intermediary's knowledge about the legality or otherwise of the hosted content. This article critically examines this suggestion within the broader debate about the role and responsibilities of intermediaries in a cyberspace context.     

On judgment proofness in the case of bilateral harm

This paper defies the widely held belief concerning the unambiguous superiority of negligence in settings of judgment proofness. We analyze a set-up with bilateral harm, bilateral care, and potential judgment proofness by one party to the accident. We establish that strict liability with a defense of contributory negligence can perform better than simple negligence and negligence with a defense of contributory negligence. It is shown that the former liability rule can better establish a discontinuity in individual costs conducive to inducing efficient care than the other rules.

Emotional Labor and Job Stress in Caring Professions: Exploring Universalism and Particularism in Construct and Culture

Passage of the Affordable Care Act (ACA) in the US increases demand for nurses and brings health care into the public sphere with all that entails, including public accountability and performance measurement. In the UK’s long-standing national healthcare system, revelations of several years of neglect and poor oversight at one hospital might have contributed to nearly 1,200 deaths. The resulting Francis Report cited, among many factors, undue emphasis on reaching national access targets and balancing budgets for substandard care. Scholars of emotional labor note these trends with interest, because emotional labor is essential to nursing practice. But is emotional labor a universal construct, or is it particular to cultural context? How much can be imported from one study to the next? We compare nurse job stress in individualist and collectivist countries and reveal a statistically significant relationship: The higher a country’s individualism index, the greater the frequency of emotional-labor-demanding job stress.     

Federal Family Drug Treatment Courts: Providing Positive Possibilities

Due to the lack of family drug treatment courts, families are often torn apart when a parent has a substance abuse problem. Children of substance abusers are often abused and neglected. However, children in these tough living situations fear seeking help because they do not want to be the reason that their family is torn apart and they are placed in the foster care system. This Note proposes a federal statute that requires all states to implement family drug treatment courts. These courts allow families to stay intact while providing the parent with the help that he or she needs.     

The Modernization of Trustee's Fiduciary Duties in the Chinese Trust Law: A Perspective from the Uniform Trust Code in the United States

Trust is the greatest and most distinctive achievement of English law, grown and developed over the passage of time, to meet new demands towards providing new solutions to problems, resulting in its widespread and inventive use worldwide. Although the trust system was introduced by the enactment of a specialist Trust Law of the People’s Republic of China in 2001, there is no significant growth in the use of the trust system in civic life. The personal fiduciary relationship between the settlor and trustee is the foundation of a trust. The trustee has an affirmative equitable duty to act solely in the interest of the beneficiaries. Whether people can rely on the trust system and use it universally is highly dependent on a trustee’s fiduciary duty. In the United States, thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code (UTC). To promote the development and appropriate application of Chinese Trust Law, this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law, and then proposes the amendment suggestion for Chinese Trust Law. This article consists of five parts. In addition to the Introduction, Part I of this article overviews the provisions of a trustee’s fiduciary duties in Chinese Trust Law. Part II discusses and compares the differences and similarities on trustee’s fiduciary duties in Chinese Trust Law and the UTC. Part III explores the comparative consideration of a trustee’s fiduciary duties, and provides the proposals for legal reform. Finally, this article brings forward a brief conclusion.     

新型农村合作医疗运行风险及其防范监控机制

在新型农村合作医疗制度由试点普及向规范持续运行转轨的关键时期,懈决医疗服务机构、参合农民、医疗保险机构、政府间的逆选择、道德风险及基金运行风险是合作医疗风险防范监管的核心。可以通过优化管理模式、健全管理机制,强化行政组织监督、社会监督、职能监督机制,健全风险防范的监督管理机制;同时通过基金风险预警机制、医疗服务费用控制、参合农民风险控制,实现风险防范的激励约束机制。     

Making Citizens Smart: When do Institutions Improve Unsophisticated Citizens’ Decisions?

Many scholars lament citizens’ lack of political sophistication, while others emphasize that information shortcuts can substitute for sophistication and help citizens with their political choices. In this paper, I use experiments to assess whether and under what conditions institutions can substitute for sophistication and enable even unsophisticated citizens to make informed decisions. The results of my experiments demonstrate that institutions, such as a penalty for lying or a threat of verification, can help both sophisticated and unsophisticated citizens to make more informed decisions. Further, my results suggest that institutions may, under certain conditions, level the playing field between sophisticated and unsophisticated citizens.

论合同治理和关系治理的互补性与有效性

正式的合同治理与非正式的关系治理是互补性的。相关研究通常将关系治理和合同治理看作是可替代性的,因为信任能降低交易成本,也能够替代正式合同的刹手闸作用。研究表明:合同治理不仅不会阻止关系治理的发展或者成为关系性治理的替代者,相反,良好的、详尽的合同实际上会提升交易各方间长期的、合作性的信任关系;良好的合同缩小了与交易相关的风险范畴,并降低了其严重性,因而会鼓励和促进合作与信任关系的发展;良好的合同通过强化对有关交易的风险,如道德风险的惩罚,有助于长期交易关系的发展;关系治理也有助于合作者间发展出有关处理不确定性的柔性规则和程序,当不可预见的事件发生后,有助于合作伙伴间的相互调适,从而维持双方的交易关系,并因此提高交易效率。