论《劳动争议调解仲裁法》构建的裁审体制及与劳动监察的关系

<劳动争议调解仲裁法>所构建的一般案件"一裁两审"、特殊案件"一裁终局"的裁审体制是对我国原有制度的重大修改,该法确立的分类处理机制以及对仲裁机构资源的整合必将对我国劳动争议处理实践产生重大影响.同时,如何在受案范围以及程序衔接上理顺劳动监察与裁审体制的关系,也是在理论及制度上必须面临和解决的重要问题.     

劳动争议处理之我见

近年来,我国的劳动争议案件逐年增多,且呈现复杂化、群体化、涉外化等趋势.我国政府为了实现社会公正,走上了通过扩大劳动者个人的权利来解决劳动争议的路子,致使劳动者、企业单位、工会、行政权力以及法院在处理劳动争议过程中的职能、地位发生扭曲.所以必须关注并完善劳资双方的信用关系、工会的职能与地位、行政权力在劳动争议处理中的地位和权威、法院最后的司法救济,从深层次解决原来的处理体制"用其所短"的弊端,实现劳资关系的和谐.     

浅论精神损害之国家赔偿

国家侵权精神损害赔偿制度是衡量一个国家民主法治水平的重要尺度之一。完善国家赔偿中精神损害赔偿是维护宪法权威、建立法治社会的需要,是坚持以人为本、构建和谐社会的需要,是融入世界潮流、适应历史发展的需要。实践中,构建精神损害国家赔偿制度必须从赔偿的范围、方式、标准、程度等方面入手,切实保证国家赔偿渠道通畅,保障公民的合法权益不受侵害。     

Adolescents’ Educational Outcomes: Racial and Ethnic Variations in Peer Network Importance

Little attention has been paid to the role of peer social capital in the school context, especially as a predictor of adolescents’ academic outcomes. This study uses a nationally representative (N = 13,738, female = 51%), longitudinal sample and multilevel models to examine how peer networks impact educational achievement and attainment. Results reveal that, in addition to those factors typically associated with academic outcomes (e.g., school composition), two individual-level peer network measures, SES and heterogeneity, had significant effects. Although educational attainment was generally worse in low SES schools, for all ethnic groups higher attainment was associated with attending schools with higher concentrations of minority students. At the individual level, however, membership in integrated peer networks was negatively related to high school graduation for Asians, Latinos, and non-Hispanic whites, and to GPA for Asians and Latinos, as only African-American achievement increased in more racially/ethnically heterogeneous peer networks. Our results suggest that co-ethnic and co-racial peer friendship networks should not be viewed as obstacles to the educational accomplishments of today’s youth. In fact, in many cases the opposite was true, as results generally support the ethnic social capital hypothesis while providing little corroboration for oppositional culture theory. Results also suggest that co-racial and co-ethnic ties may mediate the negative effects of school choice, or more specifically of between-school socioeconomic segregation. Consequently, we conclude that school policies aimed at socioeconomic desegregation are likely to beneficially affect the academic outcomes of all race/ethnic groups.

Ebola vaccines,evidentiary charisma and the rise of global health emergency research

Abstract

The 2013–2016 West African Ebola outbreak was both a catastrophic public health disaster and a rare research opportunity. This paper analyses how the tensions between the humanitarian imperatives of disease control and the epistemic conventions of bioscientific inquiry played out in the accelerated development, testing and licensure of Ebola vaccines. Beginning with the epidemiological projections of the disease’s spread, the paper develops the notion of evidentiary charisma to capture the power of experimental designs and data packages to marshal public health salience, recruit moral legitimacy and short-circuit scientific contestation. Attention to the charismatic dimensions of Ebola vaccine R&D helps to unpick the simultaneous appeals to exception and convention in the unfolding of a global health crisis, and to trace the normative and technical contours of the emerging paradigm of emergency research.     

On scale work: evidential practices and global health interventions

Abstract

Scalability can be understood as the ability to expand without changing. Yet, expanding an intervention to a global scale, we suggest, is a significant and difficult accomplishment. In this paper we propose to explore the kind of evidential exigencies that this accomplishment involves. To do so, we focus on the field of global health and examine how child immunization against the pneumococcus bacterium has been scaled up in low-income countries. The paper first attends to initial epidemiological scrutiny that revealed the existence of a large-scale public health problem and the possibility of an expandable solution (vaccination). It then describes the set-up of a funding arrangement using overseas aid to purchase vaccine doses manufactured by pharmaceutical companies, before paying attention to various frictions that affect the widespread use of pneumococcal vaccines. In these different moments through which scalability is accomplished, always partially and temporarily, we show that a dual activity can be witnessed, a pivoting between referential work and forward projection. To conclude, we suggest that scalability is more usefully approached as a form of expansion that is always attentive to the possibilities of change.     

Just sick of it? Health and political trust in Western Europe

This article explores two theoretical possibilities for why personal health may affect political trust: the psychological‐democratic contract theory, and the role of personal experience in opinion formation. It argues that citizens with health impairments are more likely to experience the direct effects of political decisions as they are more dependent on public health services. Negative subjective evaluations of public services can lower trust levels, especially if people's expectations are high. Using European Social Survey data, the association between health and trust in 19 Western European states is analysed. The results indicate that people in poor health exhibit lower levels of trust towards the political system than people in good health. The differences in trust between those in good and poor health are accentuated among citizens with left‐leaning ideological values. The results suggest that welfare issues may constitute a rare context in which personal, rather than collective, experiences affect opinion formation.     

Public health as an agent of internal colonialism in interwar Czechoslovakia: shaping the discourse about the nation’s children

Shmidt’s text discusses the specifics of internal colonialism in the discourses and practices of the dominant group (Czechs) concerning Slovaks and Rusyns, ethnic groups from the peripheral, eastern areas of interwar Czechoslovakia. By targeting the reproductive patterns of these groups, seen as undesirable by the authorities, internal colonialism shaped the discourse about children by consistently opposing the normalized childhood inside the nation to the supposedly abnormal child development outside the civilizing process. Shmidt focuses on three interwar projects aimed at introducing new public health practices as an ‘infrastructure of dependence’ with regard to the peripheral groups. Being directly supported by the Rockefeller Foundation, these projects contributed to building the new Czechoslovak nation and securing its international legitimacy.     

A Concurrent Analysis of Three Institutions that Transform Health Technology‐Based Ventures: Economic Policy,Capital Investment,and Market Approval

Drawing on institutional theory, this article articulates qualitative insights from a program of research on Canadian health technology‐based ventures to examine the rules that characterize economic policy, capital investment, and regulatory approval as well as the way these institutions enable and constrain the development of ventures at an early stage. Our findings clarify how economic policy integrates these ventures into the entrepreneurial domain, how capital investment configures them for economic value extraction, and how regulatory approval fully releases their market value. These findings help to revisit current policy modernization initiatives by calling attention to the convergence among the three institutions. Rather than operating solely as a source of constraints, these institutions provide a highly integrated market‐oriented space for health technology‐based entrepreneurial activities to unfold.     

A Bridge over Troubled Water: Managing Parties’ Mental Illness in Mediation

One in five individuals in society has or will have a mental illness at some point in his or her lifetime. Conflict resolution theory, however, largely assumes that all individuals operate within the range of behaviors considered mentally healthy. Evidence suggests that professionals who deal with conflict, however, may have to deal with individuals who have mental health problems more frequently than would be the statistical norm. Clearly then, new theories of practice and norms of mediator behavior are needed to respond to the distinctive challenges presented by engaging with those who face mental health difficulty. This paper surveys the research on how people with mental health challenges approach and respond to conflict and provides practical advice to conflict resolution professionals on how to recognize and tailor their approach to meet the needs of these individuals.