从一起案例谈侵犯商业秘密罪的认定

对侵犯商业秘密罪的认定,要把握商业秘密的具体内容;把握商业秘密的本质特征即"不为公众所知悉";在计算权利人的直接损失时,应综合考虑各种因素.     

论我国房屋征收的社会稳定风险评估机制的功能定位及其架构——一个风险规制的行政法学视角

我国房屋征收领域已经存在系统的社会风险。作为政治系统对法律系统的环境影响,重塑征收的合法性应注意房屋征收法制中社会稳定风险评估机制的功能定位;凝聚价值共识、扩大公众参与、注重反思理性应当成为房屋征收社会稳定评估机制的架构基础。     

Good Faith,Flawed Assets and the Emasculation of the UK Anti‐Deprivation Rule

The Supreme Court's unanimous decision in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc is of major significance to lenders, especially those in the global structured finance market. This case confirms the validity of commonly used insolvency‐triggered secured‐priority flip clauses, and, more generally, suggests a dramatically reduced role for the common law anti‐deprivation principle. The decision may not fully resolve market uncertainty, however, given the particular analysis adopted in the case itself (analysed here) and its divergence from the US statutory approach to the same principle.     

论商法在中国社会主义市场经济法律体系中的地位和作用

在我国社会主义市场经济法律体系中,民法是前置性法律,经济法是保障性法律,而商法则是市场运行法,特殊的功能成就其不可替代的独立地位。商法产生于市场经济并且直接服务于市场经济,两者具有深刻的依存关系,以效益为契合点,通过反映市场经济内在要求的技术性规范,保障市场主体营利自由,进而促进社会财富的增加,实践的品格使其具有高度灵活性。现代市场经济立法主要表现为商事立法,没有健全的商法制度,就没有完备的社会主义市场经济法律体系。在经济危机频繁爆发的当今世界,我国商事法律制度的建设依然任重而道远,需要理性面对法律部门功能纯化、法律移植合理化和商事习惯法律化等问题。     

产品缺陷责任主体的确定——以美国法为主要考察对象

产品缺陷责任主体,是指当缺陷产品致人损害时,应承担相应的民事责任的主体。美国法对产品责任主体的规定着眼于"商业性的销售者",通过《侵权法重述》和判例,逐步扩展了商业性销售者的范围。而产品缺陷责任主体正是以营利为目的从事营利性行为的商主体,确认产品责任之责任主体的依据恰是商法效益至上与民法追求公平这二者之间的博弈。     

民用航空器留置权法律问题探悉

民用航空器是否适用以及怎样适用留置权法律制度,我国在立法及司法实践上均接近空白,而这种空白状态可能导致民用航空器权利的不稳定,不利于其价值的充分发挥。探讨了商事留置权、留置权的善意取得等法律理论问题。在对国际法及国外相关规定进行阐述分析后,为填补我国相关立法空缺,规范民用航空器留置权的行使,根据民航发展的特点及现实国情,提出在对民用航空法进行修改时,增加民用航空器留置权相关规定的立法建议。     

Development of an Index of Subsidized Housing Availability and its Relationship to Housing Insecurity

Housing insecurity is a known threat to child health understanding predictors of housing insecurity can help inform policies to protect the health of young children in low-income households. This study sheds light on the relationship between housing insecurity and availability of housing that is affordable to low-income households.

We developed a county-level index of availability of subsidized housing needed to meet the demand of low-income households. Our results estimate that if subsidized units are made available to an additional 5% of the eligible population, the odds of overcrowding decrease by 26% and the odds of families making multiple moves decrease by 31%. Both of these are known predictors of poor child health outcomes. Thus, these results suggest that state and federal investments in expanding the stock of subsidized housing could reduce housing insecurity and thereby also improve the health and well-being of young children, including their families' food security status.     

Untangling Housing Cost and Transportation Interactions: The Location Affordability Index Model—Version 2 (LAIM2)

Abstract

It is now accepted that to have an understanding of housing affordability one must consider not only housing costs, but also the transportation costs associated with that household location. To make this information readily accessible to the public, the United States government created an Internet resource, the Location Affordability Portal – Version 2 (www.locationaffordability.info), to provide housing and transportation costs for every neighborhood in all 50 states and the District of Columbia. Although the statistical model at the heart of this resource was designed for predictive accuracy, its design and parameter estimates can provide additional insights into the interaction of housing cost and transportation choices (and thus its cost). This study describes the development and explores the policy implications (and limitations) of this structural equations model, the Location Affordability Index Model – Version 2 (LAIM2).     

The Dilemmas of Frontline Staff Working With the Homeless: Housing First,Discretion, and the Task Environment

This article examines staff discretion in permanent supportive housing facilities run by a nonprofit agency claiming to use a Housing First approach. Field observation, archival data, and individual and group interviews with staff and clients were examined to better understand agency processes involved in intake, sanctions, and disposal of clients to evaluate Housing First fidelity. In their day-to-day interactions with clients, frontline workers' discretion is affected by working conditions such as lack of resources and heavy workloads, as well as by demands placed on the agency by members of its task environment. Implications for Housing First programs and homeless clients are discussed.     

Colonia Housing Conditions in Model Subdivisions: A Déjà Vu for Policy Makers

The informal self-help settlements in Texas known as colonias have received considerable attention as a public policy problem at both the state and federal levels. These settlements proliferated throughout the border region since the late 1970s and research has highlighted the extreme poverty, austere levels of infrastructure, exploitative land sale practices, and poor housing conditions that characterized these settlements. However, both scholars and policymakers have overlooked the continued spread of self-help settlements known as “model subdivisions,” which barring the presence of basic water, wastewater, and electricity services, are nearly identical to colonias. We present the results of household surveys conducted with residents in 24 model subdivisions in Hidalgo County, Texas, in June 2014. The results suggest that, unbeknown to legislators, many of the problems that characterized colonias are now being reproduced in hundreds of model subdivisions that have formed since the 1990s, and which now require concerted attention and intervention by policy makers.