见危救助义务的正当性分析

我国尚无关于见危救助义务的立法,从欧美国家的立法来看,对见危救助义务持有截然不同的态度。见危救助义务的法律化可以从三个方面得到论证:被救助人基于人权有权获得救助,救助人基于社群责任有义务提供救助,而基于以上两个前提救助义务的法律化并不存在重大理论障碍,也并非对个人自由的侵犯。     

论阿佤山通道的形成及其在我国对外交往交流中的地位和作用

阿佤山是指以佤族为主、多民族聚居、集地理历史概念为一体、跨我国与缅甸联邦两国边境地区的一个地理单元。这一特点决定了阿佤山是我国与东南亚、南亚许多国家交往交流的重要通道和陆上捷径,是我国西南地区对外交往交流的重要门户之一,由此,文章提出阿佤山通道这一概念,并认为认识阿佤山通道的形成及其在我国对外交往交流中的地位和作用,对我国实施"一带一路"发展战略,云南建筑面向南亚东南亚辐射中心,构筑对外开放新高地必将具有积极的作用。     

Tarasoff in Missouri: The jurisprudence of a mental health provider's duty to warn and protect non-patients of potential risks from patients

In 1976, the Supreme Court of California issued its well-known Tarasoff Principle. From this principle, other courts found a duty to warn, and some found more than just a duty to warn, a duty to protect. As courts in other states adopted a version of the Tarasoff Principle, they issued a wide variety of third-party liability rules. In light of the dynamic, everchanging Tarasoff jurisprudence in the United States and recent relevant appellate court opinion in Missouri, a timely updated summary and update of Tarasoff-related jurisprudence in Missouri is warranted. In the present analysis, we compiled the four appellate court decisions that pertained to the questions of Tarasoff-like third-party liability in the State of Missouri: Sherrill v. Wilson (1983), Matt v. Burrell (1995), Bradley v. Ray (1995), and Virgin v. Hopewell (2001). We reviewed all legal measures for clinicians to protect nonpatients in Missouri, not just those that relate to protecting nonpatients from violence as in a Tarasof-like scenario. Thus, this paper concisely provides a compendium of such options and allows for a meaningful comparison of which legal, protective measures are mandatory and which are permissive, thereby evoking the question of whether measures of protecting nonpatients from a patient's violent acts ought to be mandatory duties or permissive application of professional judgment.     

Untangling Housing Cost and Transportation Interactions: The Location Affordability Index Model—Version 2 (LAIM2)

Abstract

It is now accepted that to have an understanding of housing affordability one must consider not only housing costs, but also the transportation costs associated with that household location. To make this information readily accessible to the public, the United States government created an Internet resource, the Location Affordability Portal – Version 2 (www.locationaffordability.info), to provide housing and transportation costs for every neighborhood in all 50 states and the District of Columbia. Although the statistical model at the heart of this resource was designed for predictive accuracy, its design and parameter estimates can provide additional insights into the interaction of housing cost and transportation choices (and thus its cost). This study describes the development and explores the policy implications (and limitations) of this structural equations model, the Location Affordability Index Model – Version 2 (LAIM2).     

Where Does Location Affordability Drive Residential Mobility? An Analysis of Origin and Destination Communities

Abstract

Despite an overall decrease in residential mobility after the 2007 housing crisis, many households, particularly those that are low income, continue to move in pursuit of a better life. Traditional theories of residential mobility suggest that mobility will occur when housing and transportation costs are cumulatively greater than the cost of moving to a new location. At the same time, the influence of these factors is not likely to be uniform across geographic contexts or for moves up or down the metropolitan hierarchy. Our analysis examines how well affordability measures explain patterns of county-level residential mobility. Specifically, we contrast conventional measures of affordability focused on the ratio of income to housing expense with measures of location affordability that factor in both housing and transportation costs. We find that whereas households tend to move from lower to higher cost locations, transit affordability at the destination plays an important role in mobility decisions.     

军事法价值论

军事法价值是包含着人的价值预期的军事法,在与人发生相互作用的过程中所表现出的对人的作用;军事法价值的要素包括主体、客体和要素三个方面;价值取向就是在价值方面的选取方向和目的性追求,我国军事法的价值取向包括三个方面的内容,即文明、责任和道德。     

短视频作品的著作权保护

短视频行业的快速发展必然带来短视频作品著作权保护的问题。就防止短视频作品著作权侵权而言,从普通用户到短视频平台等网络服务提供者,其所负担的义务内容和程度从根本上来说与其他类型的网络作品的相关内容区别不大,不同之处在于这种新形式的消费潮流尚缺乏专门用来应对的相关法律和措施,因此探讨短视频作品的著作权侵权及其保护,为各方主体提供注意义务参考和针对短视频作品著作权保护提出建议,对保障文化产业的发展意义重大。     

The Negligence Standard: Political Not Metaphysical

This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recently, several philosophers have attempted to find a role for the negligence standard in the metaphysics of basic responsibility. This contribution resists that development and stands up for the traditional lawyer's view that the negligence standard belongs to the pliable politics of assignable responsibility. Basic responsibility, it is argued, is fundamentally strict.