医学临床实践教学中患者隐私权的保护

处理临床实践教学与患者隐私权保护的冲突,要求在隐私利益让渡过程中,充分体现患者的主体性,通过知情同意规则实现临床教学对患者隐私的规范化索取和利用.同时,在临床教学中,患者隐私权应有一定的限度,在特定情况下应排除隐私权的适用.     

法庭警察权研究

法庭警察权乃法院为维护法庭秩序及审判的威严所享有的采取秩序措施及施加秩序罚的权力。法庭警察权有妨害预防作用、妨害排除作用与妨害制裁作用三种基本形态。基于法庭秩序维护的实效性与法庭警察权实施基础的客观实在性,法庭警察权依附于裁判权,由担当裁判权的法院行使。法庭警察权以功能意义上的法庭为其实施的时空范围,以妨害法庭秩序及审判威严的行为及状态为规制对象。对于妨害法庭秩序的行为实施何种作用形态的法庭警察权取决于法院的合目的性裁量,应受比例原则的规制。法庭警察权在我国由三大诉讼法分别规范,不仅未能科学地体认法庭警察权的性质,也未能正确地廓清法庭警察权应有的实施边界,加剧了司法实务中法庭警察权制度适用之乱象,亟待统一立法构建。     

Legacy Contaminants of Emerging Concern: Lead (Pb), Flint (MI), and Human Health

Abstract

As a heavy metal industrially mined for millenia, lead (Pb) is a legacy contaminant. It is also a contaminant of emerging concern because of its persistence, toxicity, and recent discovery of its resurgence in drinking water serving homes and schools, recently and most notoriously in Flint, Michigan. Concern about lead, however, has reemerged beyond Flint, exemplifying adoption of bad science policy despite availability of relevant good science. Much is known about lead toxicity, and profiled here. Whereas adults chronically exposed to lead may experience peripheral neuropathy, infants and children are more susceptible. They constitute sensitive subpopulations because their blood-brain barriers are immature, making them susceptible to central nervous system effects, most notably reduced IQ, when lead penetrates to developing brains. Failure to protect disadvantaged populations in Flint and beyond despite availability of proven science and inexpensive technology also exemplifies instances of environmental injustice. Emerging concern about lead thus illustrates failure of social as well as science policy. A critical lesson to be learned is that vigilance must be maintained, as knowledge about lead exposure and toxic effects provided by science does not automatically result in consistent and evenhanded legal and regulatory protection provided by government.     

革命地方实践与妇女解放问题:兼评丛小平《革命中国的婚姻、法律与性别,1940-1960》

1939年《陕甘宁边区婚姻条例》颁布后,边区法院做出了系列司法修改和调整。丛小平的近期研究《革命中国的婚姻、法律与性别,1940-1960》详细考察了这一过程及其背景和影响。她指出,边区政府在施行婚姻法改革的过程中积极考量、吸纳了地方风俗和司法实践经验,出现了从婚姻"自由"到"自主"的核心法制理念的变化。这一立法司法建制过程体现了中共革命"从群众中来、到群众中去"的根本路线,激发并肯定了农村妇女的"自主"能动性,并没有背弃其妇女解放的承诺。这一研究回应和修正了20世纪80年代英文学界关于社会主义革命和妇女解放的主流观点,体现了新世纪以来中外学界关于社会主义革命和妇女解放问题研究的新趋势,具有鲜明的方法论意义。     

Domesticating Ivoirité: Equating xenophobic nationalism and women’s marginalisation in Tanella Boni’s Matins de couvre-feu (2005)

Abstract

Tanella Boni, an author engaged with African women’s emancipation, has written cautionary essays since the 1990s decrying the xenophobic nature of government-sanctioned ivoirité in the Ivory Coast. Forced into exile owing to the subsequent strife (2000-2010), she wrote Matins de couvre-feu (2005), an allegorical novel in which the woman’s status as a second-class citizen is equated with that of a foreigner in a xenophobic state. This representation plays on the domestic / public space dichotomy, considered by feminist discourse to be a social barrier to women’s equal citizenship. Drawing on Boni’s own ‘feminist’ monograph, Que vivent les femmes d’Afrique? (2008), this article explores the internalisation of national politics (the public sphere) through the ‘domestication’ of an anonymous female narrator who is placed under house arrest. Thereafter an analysis of Kanga Ba, a character who is a victim of xenophobic nationalism, is used to substantiate the equation of the woman’s social and political marginalisation as being that of the foreigner. The argument concludes that Boni’s representational framework ultimately subverts the very notion of a public / domestic dichotomy through narrative strategies that illustrate the porous nature of both spaces, thus eliding the separation between private and national experiences.     

From Promiscuity to Living Together to Making the Decision to Break Up or Make a Lasting Commitment

Abstract

Although public administration was “born” and “reared” as a child of politics and constitutional democracy, the coherence of its central purposes later eroded into disparate fragments in a set of “promiscuous” relationships. But now the field has become accustomed to a casual mode in which a loose collection of sub-fields and competing worldviews “live together.” This invites leaving behind our intellectual origins and easy flirting with passing trends and alternative partners. Even while maintaining multiple external ties, the field should now seek to advance to an “adult” form of lasting commitment to a reaffirmed set of core values.     

Length of Shift,Work Outcomes,and Psychological Well‐Being of Nursing Staff

Abstract

This research examined the relationship of three work shift characteristics (length, working more than 8 hours, working double shifts) to work outcomes, indicators of psychological well‐being and perceptions of hospital functioning during a time of considerable hospital restructuring and downsizing. Data were collected from 744 hospital‐based nursing staff survivors of these changes. About 60% of the respondents worked shifts that were 9 hours or longer and 20% had worked two shifts back to back. Younger, less experienced nurses worked longer shifts. All three shift characteristics were significantly related to frequency of nursing errors and injuries.     

Parliament,public engagement and legislation in Bangladesh: a case study of Domestic Violence Act of 2010

ABSTRACT

This paper examines the process of enactment of the domestic violence bill in Bangladesh. One of the distinctive features of the bill, passed in 2010, was that it originated in civil society and widespread public engagement characterised its enactment process. The paper explores the factors that encouraged different actors to agree to enact the law. There are, however, not many examples of parliament–CSO interaction in the legislative process. The paper identifies reasons that discourage engagement in other areas of public concern. Prominent among the reasons underlying weak public engagement in the legislative process are: monopoly of the government in the legislative process and its eagerness to pass laws in haste, dominance of part-timers in parliament, legal restriction on ‘independent’ voting in parliament, over-centralization of power in political parties and politicisation of CSOs.     

The US discourse on political Islam: is Obama's a truly post-‘war on terror’ administration?

In this article, I examine the legacy of the discourse on political Islam in the context of George W. Bush's ‘war on terror’, reflecting on the role this discourse has performed in constructing and affirming the United States' self-identity as a beacon of ‘democracy’, ‘progress’ and ‘modernity’, in contradistinction to an Islamist ‘other’. It will evaluate the three most prominent manifestations of the modern rationalist paradigm in relation to the ‘war on terror’ discourse: the tendency to ‘ideologise terror’; the tendency to conflate Islamist movements and view them solely within a security/counterterrorism framework; and the tendency to employ double standards when distinguishing between what is regarded as legitimate and illegitimate uses of political violence. This article will then consider to what extent it is appropriate to label the period since the Obama election as a truly ‘post-war on terror’ politics.     

Santam and Nando's: An advertising narrative of local humour,local conflict,local co-branding

ABSTRACT

In 2011 South African short term insurer Santam (Santam Ltd.) put in place an advertising initiative that illustrates the power of a humorous brand narrative effected in conjunction with another brand. In this case, it is the South African arm of Nando's (Nando's Chickenland Ltd.), a fast food restaurant chain specialising in Portuguese-themed chicken dishes that rely heavily on peri-peri spices. The two well-known brands aired a series of five commercials on television and the Internet, trading good-humoured jibes centred around the value proposition of each company's offering. The resultant rise in social media viewership and consumer engagement was notable and illustrates the efficacy of a cobranded narrative run over numerous media platforms; in this case radio, television, social media, print and the Internet.