我国反垄断法域外管辖制度初探

反垄断法域外管辖是对国外发生但是对国内市场产生限制、排除竞争影响的垄断行为适用国内反垄断法的制度。反垄断法域外管辖主要集中在国际卡特尔以及跨国并购领域,其本质是要通过反垄断法的域外管辖来规制跨越国界的垄断行为,维护国内市场的竞争秩序以及国家利益。反垄断法在实施域外管辖过程中会引起法律适用冲突。为了避免这种冲突,主要国家达成了反垄断双边合作模式。我国应该与相关国家签署反垄断双边合作协议,采取适合我国国情以及经济发展水平的反垄断法域外管辖制度。     

信托法与物权法定原则的冲突及其解决

信托法起源于英美法,而英美法在法律概念、体系构造和思维方式上与大陆法存在很大差别,所以在大陆法国家移植信托法的过程中,必然要遇到如何协调和解决外来的信托制度与本土法律制度冲突的问题,其中,物权法定原则与信托制度之间的冲突尤值关注。结合信托诸种制度的特性进行具体分析,可以看出我国新近通过的《物权法》所确立的物权法定原则与信托法之间存在着尖锐的理念冲突。在新《物权法》背景下,如果在理论和实务上因应得宜,则我国的信托制度不仅不会被物权法定原则所窒息,甚至可以此为契机改变信托法在我国法律体系中的边缘地位。     

Unbundled Services to Enhance Peacemaking for Divorcing Families

Unbundling, also known as limited‐scope representation, has been adopted by judges, the organized legal profession, and divorcing parties. Unbundling is a legal access approach to better and more affordably serve unrepresented divorce litigants as well as to assist overburdened and underfunded courts. This article will focus on another critical benefit of unbundling: the ability of divorcing professionals to provide information and support to divorcing families to help reduce family conflicts. This article shall discuss four unbundled peacemaking roles that lawyers can play: (1) Collaborative Lawyer; (2) Lawyer Coach for Self‐Represented Litigants; (3) Lawyer for Mediation Participants; and (4) Preventive Legal Health Care Provider.

Key Points for the Family Court Community:
• Overview of limited‐scope lawyering roles
• Impact of unbundled representation on peacemaking
• Best practices of noncourt lawyering

     

The Effect of Question Order on Disclosure of Intimate Partner Violence: An Experimental Test Using the Conflict Tactics Scales

Two plausible but contradictory approaches to question order in research on sensitive or criminal behavior are (1) that presenting the questions in a sequence corresponding to a culturally recognized behavior pattern will facilitate disclosure, and (2) that presenting questions in random order will result in more disclosure because random order disrupts response sets. The question order of the original Conflict Tactics Scales (CTS1) used the culturally recognized sequence approach, and the revised CTS (CTS2) used a modified random order. This experiment was designed to determine which of these two question orders results in more disclosure of physical and sexual assault of a dating partner. The standard version of the CTS2, which has the questions from each of the 5 scales interspersed in a slightly modified random order, was administered to every second student in a sample of 417 university students. The other half of the sample were given the same instrument but with the questions in the culturally recognized sequential order used in the CTS1. The cultural sequence order begins with the socially approved behaviors in the Negotiation scale and ends with scales measuring antisocial and the criminal behavior such as the Physical Assault scale. The results indicate that the CTS2 random order produced significantly higher disclosure rates for the scales that measure criminal behavior (Physical Assault, Injury, and Sexual Coercion) and made no difference for the other CTS2 scales (Negotiation and Psychological Aggression). Although these results suggest that the CTS2 random order is the preferred approach, reasons to treat that conclusion with caution are presented.     

Are groups a good thing? Evaluating group associations among vegetable farmers in Freetown,Sierra Leone

Urban and peri-urban agriculture (UPA) is a widespread feature in sub-Saharan African cities, and has become particularly important in Freetown, Sierra Leone. Recent surveys have revealed the importance of UPA in Freetown as a method for generating food, income, and employment. Government and NGOs have encouraged urban farmers to group together into farming associations so that advice and inputs can be provided. Little information currently exists about the functioning of these associations, and whether their effectiveness might be improved. This paper draws upon recent field-based research in which the experiences of members in six different farming associations were investigated.