敌意收购中的员工权益保护研究

敌意收购中目标公司员工是受收购弊害中最无能为力的一方利益主体,这种如履薄冰的困境理应得到以正义为永恒追求的法律的关注。在利益相关者和人力资本理论支持下,根据我国国情,为加强对目标公司员工的保护,赋予目标公司员工知悉权和建议权是前提,确立法定直接承继方式是基础,强化工会职能是关键,完善经济性裁员制度是有益补充,完善配套制度是建构完善法律体系和保证法律有效运行的长久之策。     

客观归责论借鉴之管窥

刑法因果关系理论中较值得为我国刑法因果关系理论借鉴的有“条件说”、“相当因果关系理论”与“客观归责论”。条件说有扩大因果关系范围之虞,不过多数情况可以综合主观方面对追究刑事责任的范围限制。相当因果关系理论的“相当性”过于抽象,且有异化为法官认识的可能。客观归责理论从刑法规范出发,以危险增加为判断标准,值得借鉴。     

Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law

States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritorial activities of transnational corporations (TNCs) that violate international human rights law can give rise to home state responsibility. The analysis shows that home states of TNCs have obligations under international law in certain situations to regulate the extraterritorial activities of corporate nationals or the latter's foreign subsidiaries and can incur international responsibility where they fail to do so.     

The return of censitary suffrage? The effects of automatic voter registration and voluntary voting in Chile

How does a change from a compulsory voting system to a voluntary one affect election turnout? It is often argued that an electoral regime under which voting is voluntary reproduces class bias or, in other words, that the rich vote more than the poor. This bias is corrected either by the introduction of compulsory voting or the existence of strong left-wing parties and trade unions able to mobilize poorer segments of the population. In this article, we put forward an alternative argument. We assert that when voting is voluntary, class bias can disappear if an election is very competitive since this affects both turnout and its socio-economic composition. To evaluate this argument, we examine the case of Chile's 2012 municipal election when voting was voluntary for the first time, instead of compulsory.     

“杨佳的说法”与杀人逻辑的权利悖论

杨佳的个人尊严维护中"讨说法"与其恶意杀人之间存在着社会价值观念异常即轻视生命权利的社会氛围支持。在弱个体仇视某一职业强群体的社会学视野中,仇警文化是一种社会价值观念个体异常向群体异常演进的表现。而在法律经济学视野,1个人"讨"的所谓说法,等于要6个人生命的死亡、5个人身体的受伤,而竟然会有那么多网友叫好,则是一种忽视生命权利,在生命权与人格尊严之间,价值选择的错位。至于法律文化学领域,人权的核心是生命权,人存在的本源意义当中,生命权应当高于人的尊严,杨佳为了所谓的个人尊严而可以乱杀人的逻辑,是非常荒谬的。     

培根“四假相”说的诠释学意蕴

“假相说”是培根哲学体系中最重要、最有影响的学说之一.该学说的重要理论价值关键不在于它包含有对经院哲学的批判,而在于它从认识主体即解释者的角度探讨了认识或解释自然过程中产生谬误的原因,在于它通过对阻碍“自然的解释”种种因素的精彩分析深刻阐述了偏见与理解、解释之间的关系,从而以特有的方式揭示了“理解的历史性”等问题.内涵于培根“假相说”中的诠释学思想,深刻地影响了近代以来诠释学的产生与发展.     

Shot by the Messenger: Partisan Cues and Public Opinion Regarding National Security and War

Research has shown that messages of intra-party harmony tend to be ignored by the news media, while internal disputes, especially within the governing party, generally receive prominent coverage. We examine how messages of party conflict and cooperation affect public opinion regarding national security, as well as whether and how the reputations of media outlets matter. We develop a typology of partisan messages in the news, determining their likely effects based on the characteristics of the speaker, listener, news outlet, and message content. We hypothesize that criticism of a Republican president by his fellow partisan elites should be exceptionally damaging (especially on a conservative media outlet), while opposition party praise of the president should be the most helpful (especially on a liberal outlet). We test our hypotheses through an experiment and a national survey on attitudes regarding the Iraq War. The results show that credible communication (i.e., “costly” rhetoric harmful to a party) is more influential than “cheap talk” in moving public opinion. Ironically, news media outlets perceived as ideologically hostile can actually enhance the credibility of certain messages relative to “friendly” news sources.

为什么说“只管不收”是工商行政管理的改革目标

工商行政管理的“收管混台”使“重收轻管”一直未得到解决 ,在其“垂直改制”后仍面对收“两费”的现实。由于“收”与“管”是两种不同的运行主体 ,再结合工商行政管理的管理活动属性及目前的财政体制改革来看 ,工商行政管理应是“只管不收”。     

Unconscious Bias Training: The ‘Silver Bullet’ for Gender Equity?

Western Governments concerned about the lack of gender equity in their workforces are increasingly seeking to address the negative effects of unconscious biases on employment decisions to counter the effects of hidden prejudices. Although unconscious bias has received limited attention in the human resource literature, social psychology literature has identified inadequacies with this practice, including that such training may entrench and normalise unconscious biases. We argue that the popularity of unconscious bias training invites agencies to view this practice as a ‘silver bullet’ to achieve gender equity, but that its effectiveness is likely to be limited unless accompanied by sustained interventions to address discrimination. Further, the impacts of unconscious bias training need to be rigorously evaluated to assess whether government resources are being effectively utilised. Consistent with international research, such an evaluation may reveal that unconscious bias training has unintended negative consequences, but that the training can be improved to reduce these consequences.     

Biased Sanctions? Methodological Change in Economic Sanctions Reconsidered and Its Implications

We investigate the influence of case selection and (re)coding for two vintages of a key resource for research on economic sanctions: the Peterson Institute database reported in Hufbauer et al. (second edition in 1990 and third edition in 2007, often identified by their abbreviations HSE and HSEO). The Peterson Institute has not transparently reported about these changes. These changes make it more likely to find sanction success. A multivariate probit analysis establishes upward bias related to modest policy change, duration, and cost to target and downward bias for regime change, military impairment, companion policies, and cost to the sender.