A Research Note

ABSTRACT

This paper deals with a sparsely researched topic-the victimization of females by fraud. A nationwide survey of victims of a large-scale telemarketing scheme showed that onlya small percentage of the victims were females. Both financial and emotional consequencesgenerally were more severe for the older than for the younger women.     

Hacia un modelo de atención a la discapacidad basado en los derechos humanos

The social model of disability is presented as a new paradigm of the recent disability treatment, that has had theoretical and legal current development. It is a model that considers that the origins of disability are not either religious or scientific, but social in a great measure. From this new perspective, it is emphasized that the population with disability can contribute to the society in the same circumstances that the rest of the population, which integrates the society, all this from a valorization of the inclusion perspective and respect of diversity. This model is closely related with certain essential values which underline the human rights, such as human dignity, individual freedom and equality; all these conduce to a decrease of barriers and lead to a social inclusion that sets basis to principles as: personal autonomy, nondiscrimination, universal accessibility, environmental normalization, civil dialogue, inter alia. The premise is that disability is part of a social construction, and it is not the deficiency created by the society itself what limits and prevents people with disability to be included, to decide or to design autonomously their own life plan with opportunity equality.     

银行危机处置过程中的股东权利限制研究

银行危机处置过程中股东权利限制是危机时期社会规制的需要,规制的原因包括维护金融稳定、预防系统性风险的发生、维护存款者的市场信心和预防股东道德风险发生。但股东权利保护是现代企业制度的核心内容,这就在限制与保护之间形成矛盾,这是银行生存的不同时期,股东行使权利正当性基础的差别造成的。因此,分析银行运行不同时期股东权行使的正当性基础,是论证银行危机处置期股东权利限制必要性的基础,同时,股东权利的限制必然影响到公司治理中利益相关主体间的权利结构平衡,故从法律规制和银行公司治理结构调整两个方面对矛盾的协调提出完善的建议。     

The Child's Attorney and the Alienated Child: Approaches to Resolving the Ethical Dilemma of Diminished Capacity

Increasingly lawyers for children follow a model of “client centered” (as opposed to “best interests”) representation in child custody disputes in which the child client defines the objectives of the representation. The client‐centered model, while appropriate in most cases to give voice to the child's preferences in a process that deeply impacts him or her, can create an ethical dilemma for the child's lawyer in cases where a child is truly alienated from the other parent by the actions of the alienating parent. Alienated children strongly and unreasonably express a preference for objectives of representation that might further damage the alienated parent's relationship with the child. The alienated child's objectives may be the result of a campaign of denigration and “brainwashing” by the alienating parent. This Note suggests that when a child is truly alienated from a parent, as diagnosed by a mental health expert, the child may have “diminished capacity” and therefore, the client‐directed model of representation is not adequate. This Note proposes that the Child's Attorney must determine whether the child is of diminished capacity under the Model Rules of Professional Conduct and, if so, must treat the client accordingly under Rule 1.14. Specifically, the attorney may, if all other remedial measures are inadequate, override the child's wishes and advocate a position that the child would take, but for the brainwashing of the child used to alienate him or her from a parent.     

Probabilistic Classification of Age by Third Molar Development: The Use of Soft Evidence

Abstract: This study introduces a method to classify individuals according to an age threshold, given sex and third molars’ dental maturity measured on the Demirjian scale by expressing uncertainty on dental evidence (soft evidence). We introduced a procedure to learn the parameters of the Naïve Bayes model, and we discussed two classification rules. The model was estimated and tested on 559 Italians aged 16–22. Two experts provided the dental evaluations, and the model was estimated for each of them. We evaluated the coherence of the evidence provided by the experts. Some indexes have been proposed to evaluate the effectiveness of the models, emphasizing how the experts’ ability and the technology affect the results. We introduced two benchmarks, one based on the sample distribution per sex and age: in this case, probability of correct classification increases 22% and the proportion of false adults impressively decreases 80.2%; the other benchmark, obtained by simulating hard evidence, shows how the use of soft evidence increases the proportion of correct classification 3.1% and decreases the crucial proportion of false adults about 20%. Similarly, the proportion of false minors decreases about 5.3%.     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

试论冷战后越南外交战略和外交政策的调整

20世纪 90年代 ,越南根据国内外形势的巨大变化 ,4次调整外交战略和外交政策 ,从原来的“单向”外交转向以“多样化、全方位”为基础的务实性外交 ,在外交领域取得了令人瞩目的成就 ,并为 2 1世纪越南外交的发展奠定了基础。     

美国会协防台湾吗?

本文介绍并分析了台湾民进党政府在新世纪的“军事安全战略” ;从理论的角度论述了台湾谋求独立的“军事安全战略”虽对和平统一前景造成了危害、但美国协防台湾的可信性在受到恐怖袭击后更加值得怀疑 ;作者认为台湾与大陆未来统一趋势不会改变。     

法国公务员行政赔偿责任制度评介

公务员行政赔偿责任涉及到行政相对人、公务员和行政主体三方的关系,是国家赔偿制度的重要组成部分,法国公务员行政赔偿责任制度历经发展,形成了以"个人过错"为核心的、允许行政相对人直接向公务员求偿的行政赔偿责任制度,并通过一系列判例确认了各项具体制度,易于操作,达到了合法性与效率之间的理性与平衡.     

国际法基本属性之思辨

以法学基本理论为依据,采用比较研究的方法,辨析了国际法的基本属性.国际法具有法的一般性质--规范性和强制性.国际法比国内法具有更显著的平等性和民主性.无论作为法的一个部门,还是作为一个法律体系,国际法都是独立的.