When men fight with women (versus other men): Limited offending during disputes

What transpires in a dispute, even a violent dispute, is affected by the tendency for adversaries to engage in “limited offending.” We focus on one restraint: the tendency of men to limit their aggression in their disputes with women. Analyses are based on an incident-level survey about interpersonal disputes administered to 503 men who are incarcerated and 220 men who had never been incarcerated. Using multinomial and logistic regression models, we examined the extent to which an adversary's gender predicted dispute-related behaviors. The evidence suggests that the chivalry norm has pervasive effects on the behavior of men during their disputes with women. Men are more likely to engage in remedial actions (e.g., apologies) when their adversary is a woman, as opposed to another man. In addition, men are less likely to make violent threats and engage in physical attacks when their adversary is a woman, even after they have themselves been physically attacked. When men are violent, they are less likely to injure a woman than a man. However, the chivalry norm does not inhibit verbal aggression in these disputes: men are just as likely to engage in verbal attacks and nonviolent threats when the adversary is a woman.     

UNBUNDLING THE ETHICAL ISSUES OF PRO BONO ADVOCACY: ARTICULATING THE GOALS OF LIMITED‐SCOPE PRO BONO ADVOCACY FOR LIMITED LEGAL SERVICES PROGRAMS

This article seeks to articulate the practical goal of unbundled legal services for the pro bono family law sector as it applies to limited legal services programs (also known as brief advice clinics), through the use of a goal spectrum, derived from the theoretical goal of access to justice. This article briefly discusses the status of the Indiana Rules of Professional Conduct, as they pertain to the ethics of unbundling. This article then focuses extensively on some practical considerations within the ethical issues of both the scope of representation and attorney competence in order to articulate an appropriate goal for unbundled legal services. Finally, the article concludes that service providers in limited legal services programs should explicitly identify and then perform an essential, discrete service that the client needs to have performed in order to help the client meet his or her ultimate objectives. The service provider and the client could then gauge the success of the limited scope representation based on whether and how well the specific service has been provided.     

Limited Liability: Large Company Theory and Small Firms

Current enthusiasm for the 'enterprise culture' results in strong support for easy access to limited liability forms of business organisation. This has manifested itself in the creation of new limited liability vehicles such as the LLC and the LLP. The UK Company Law Review is examining ways of enhancing the attractiveness of the limited liability company to small business owners. This article examines the claims made for the 'efficiency' of limited liability and the applicability of these claims to small firms. It raises the importance of taking into account public policy issues beyond economic efficiency when considering the degree of risk taking and shifting to be encouraged. The article concludes that, although it is difficult to find rational methods of restricting access to limited liability, it does not follow that limited liability should be positively encouraged for all small firms. It is important to signal the limitations of limited liability.     

美国的限权宪法模式及其民主性困境——试论美国宪政文明的二元个性

在改造英国议会主权的基础上,美国形成限权宪法的模式。这一模式的特点之一在于以司法机关制约立法机关,形成司法审查的制度,但亦造成民主性困境。宪政与民主之间的张力凸显了美国宪政文明的二元个性。     

我国人力资本出资的若干法律问题

我国人力资本出资在法律上是否具有可行性,理论界一直持否定态度,认为人力出资存在评估上的困难,以及无法保障交易安全从而损害债权人利益。应当说,以此为理由是片面的,因为这种状况在其他出资方式上同样是存在的,但并没有影响法律对此加以肯定。至于人力资本出资者的有限保证责任,则违背了公平原则。人力资本出资者应当享有有限责任,同时可用公示制度来平衡出资者与债权人的利益。     

股东与公司债权人利益之衡平保护

公司的有限责任制度有利于股东利益为众所周知,对债权人利益保护的不利影响也是客观存在,因此,债权人利益保护与股东利益保护处于失衡状态。依据利益相关者理论,公司法应确立股东、债权人利益衡平保护体系。     

从公共秩序的限制适用趋势析我国有关立法之完善

公共秩序虽因其实质在于维护本国国家及其人民的利益而被称为国际私法中的"安全阀",但由于它缺乏一个确定、统一的概念与适用标准,因而该制度在实践中容易被滥用。而公共秩序的滥用势必大大降低国际私法在协调各国法律冲突中的价值,妨碍国际民事交往的稳定和安全。正是因为如此,所以有必要对公共秩序加以限制适用,这业已成为公共秩序的发展趋势之一。我国有关立法也应该顺应这一发展趋势加以完善。     

The Challenge of Providing Culturally and Linguistically Accessible Human Services in Rural and Increasingly Diverse Communities

Abstract

This paper uses a case study of one small rural community in New England to educate social workers, other human service professionals on linguistic, cultural accessibility issues with clients who have Limited English Proficiency (LEP). The relevant civil rights law, case law, federal guidelines, which form a framework of protection for persons with LEP are presented, used as a mirror to which human service efforts to meet linguistic, cultural accessibility are held. Finally, strategies for small rural communities with multiple small populations of persons with LEP are presented.     

有限合伙法律制度研究

有限合伙组织具有一般合伙组织和公司组织所具有的优越性,此种优越性可以满足于某些有经济地位但被法律禁止从商的人的要求,为他们剩余资本找到一种可靠的投资途径.我国最终在2006年认可了有限合伙制度,但在有限合伙的设立、内外部关系、合伙人份额的转移等方面,仍待进一步研究.     

论一人公司的风险控制——兼评新《公司法》有关一人公司的规定

一人公司的生命力使一人公司能得到新《公司法》的明文认可。新《公司法》对控制一人公司风险的规定存在缺陷,解决缺陷的途径是建立实质一人公司规制制度和自己交易行为规制制度,从而实现对一人公司的风险控制,即保护一人公司债权人的债权。