Environmental Considerations for Trauma‐Responsive Juvenile and Family Courts: A Review of the Literature with Recommendations for Practice

Juvenile and family courts serve some of our most vulnerable populations, many of whom have experienced some traumatic event. People suffering with posttraumatic stress disorder (PTSD) are known to be more sensitive to environmental stimuli, and many of the environmental conditions within courts can be challenging for those suffering traumatic stress. Trauma‐responsive practices help foster conditions of healing, which can benefit both the court user and those who work within the court. Research reviewed in this article demonstrates the likelihood of negative behavioral and emotional responses to specific environmental factors for people suffering PTSD and other stress reactions, and offers recommendations to minimize environmental stressors.     

合同法上赔偿损失的请求权基础规范分析

我国合同法上规定有许多赔偿责任,但这些赔偿责任的规范基础不尽相同:有的以传统民法上的违约责任为规范基础,比如第97条规定的合同解除后的赔偿责任、第108条规定的逾期违约后的赔偿责任、第110条规定的继续履行后的赔偿责任、第107条及113条规定的赔偿责任等;有的则属于独立的责任规范基础,例如第42条、43条、58条等属于缔约过失责任规范的范畴;第122条属于加害给付的范畴。第48条规定的无权代理人的赔偿责任之请求权基础应解释为缔约过失更为合理;第406条及425条规定的赔偿责任制规范基础解释为违约责任更为合适。第189条的赔偿责任实际上是赠与合同不能履行的赔偿责任,属于违约责任;第191条规定的赔偿责任中。     

Developing Bureaucracies for Environmental Governance: State Authority and World Bank Conditionality in Laos

This paper considers the on-going production of bureaucracies for environmental governance in developing countries and the ways in which donor engagement is reshaped through localised bureaucratic dynamics. In Laos, World Bank conditions associated with the Nam Theun 2 hydropower project saw the establishment of the Watershed Management and Protection Authority (WMPA). I examine internal dynamics at the WMPA headquarters in Nakai District, including formal institutions for forest management, informal institutions for recognising local authority and wealth redistribution and the personal aspirations of WMPA officials. In doing so, this piece contributes to current discussions about donor-driven institutional change, practices of state-making and the local “technocrats” who are personally confronted by the complex intersections of donor conditionality and state authority.     

我国侵权责任法的侵权构成模式——以“民事权益”的定位与功能分析为中心

依国内学术界多数观点,由于侵权责任法没有对权益进行区分保护,所以我国侵权责任法的侵权构成模式属于法国法模式。但是否将民事权益作为侵权责任构成要件的判断要素,才是法国法模式与德国法模式的本质区别。我国侵权责任法契合未来民法典的整体布局,明文以民事权益作为侵权责任成立的判断要素,在立法模式上属于德国法模式。但在适用层面,德国法模式未必是一个很好的选择。侵权责任法（尤其是第2条）的独特规定及特色不同于德国法,并缺少与德国民法典第823条第2款和第826条类似的法规范支撑。可依“欧洲侵权法原则”提出的“弹性制度”解释权益的区分保护问题。     

企业社会责任视域下的劳动者工作环境权保护

企业社会责任是劳动权实现的保障与推动力.本文认为,传统的企业雇员责任仅指企业的经济责任和法律责任,现代企业雇员责任还应包含更高层次的道德要求.企业社会责任视域下的雇员责任,应当以工作环境权的保护为核心,通过法律建立起工作环境权的独立体系,完善劳动者工作环境权制度,落实和保障劳动者享有的实体性和程序性权利,鼓励职工参与企业的经营决策,从而真正地改善劳动环境,落实企业社会责任.     

Post-9/11 International Artist Exchanges Between the United States and the Middle East

Since 9/11, the U.S. government has gradually increased its budget for cultural exchange to improve its estranged relationship with Middle Eastern ¹ 1. The Middle East, or the greater Middle Eastern region, is frequently labeled with distinctive titles. For example, the State Department identifies the region as the “Near East,” and “North Africa and the Middle East” is broadly utilized by the grant-related organization, the Foundation Center. Additionally, the term “Arab” refers to someone who uses the Arabic language and whose cultural background is Arabic. Thus, to promote consistency and to prevent unnecessary confusion, “the Middle East” will be utilized in this article. countries. However, U.S. private foundations have been reluctant to sponsor international artist exchanges with the region. This article describes the funding trends of both public and private sources; explains the consequences and coping strategies of U.S. arts presenters through a case study of the Kennedy Center's 2009 Arabesque Festival; and examines the effects of the new laws and regulations created after the terrorist attacks that seem to be influencing the activities of private funders.     

中国债法的现状与未来

中国债法必须完善,应当制定债法典或民法典中的债编.侵权责任法具有债法所需要的品格,应纳入债法典之中.在未来的民法典采取将合同法、侵权责任法并列设编的体系下,应当设置债法总则.中国现行债法的众多制度及规范均应完善,明确构成要件和法律效果,不宜仅有禁止性规定而无相应的法律后果.     

Global Governance,Criminalisation and Environmental Change

This article examines the environmental impact of criminalisation. It argues that developing societies are increasingly drawn into globalised networks that inextricably link the global and local, the legal and illegal. This means that in order to understand the causes of environmental degradation it is no longer useful to focus on the formal institutions and practices of government and business. Instead, this article uses the concept of the shadow state to examine and understand the causes of environmental change in two illustrative cases of Madagascar and Belize.     

Reinventing the central city as a place to live and work

Abstract

Public policies for urban development have traditionally emphasized investment in physical infrastructure, the development of large‐scale commercial facilities, the construction of new housing, and the renewal of existing neighborhoods. Most efforts to revitalize central cities by building new facilities for visitors have focused on suburban commuters and tourists. At the same time, many housing initiatives in central cities have concentrated on low‐income communities because outlying suburban areas have attracted traditional middle‐income households.

This article argues that emerging demographic and cultural trends—combined with changes in the structure of business organizations and technological advances—provide new opportunities for cities to retain and attract middle‐class households. Using gay and lesbian populations as an example, it focuses on the role that nontraditional households can play in urban redevelopment. In light of the rise of nontraditional households and the growth of self‐employment and small businesses, cities should adopt policies that make them attractive places in which to live and work.     

Order and democracy: Trade‐offs between social control and civil liberties at Lake Parc Place

Abstract

This article applies the classic theories of Thomas Hobbes and John Stuart Mill to the issue of maintaining order, using Chicago's Lake Parc Place public housing project as a case study. I find that public housing residents living in frightening circumstances may be willing to give up some liberties to gain stability and order, but that very order can in turn provide them with the civil space necessary for them to become active participants in their own governance. While Lake Parc Place residents willingly submitted to strict rules to secure a sense of safety, as Hobbes would suggest, once order was established they chose Mill's path, becoming involved in managing their own community. Thus, policies restricting liberties to increase safety have the potential to increase civic participation.