再论附赠式有奖销售中的若干法律问题

目前,由附赠式有奖销售引发的法律纠纷已占相当比重,但我国相关的立法仍不完善。文章从借鉴其它国家关于有奖销售的立法出发,提出我国的立法构想,并对附赠式有奖销售的法律性质进行详细的论述,得出附赠式有奖销售在商家与顾客间产生了两种合同关系,即买卖合同关系与赠与合同关系。     

Analysis of the autopsy,toxicological, and psychiatric reports of Portugal’s first major forensic case: part III

This work presents an odd historical record obtained through more than 14 years of research regarding one of the first major European forensic cases. The presumed homicide of Mário Guilherme Augusto de Sampaio in 1890 was allegedly perpetrated by his uncle, the prestigious doctor Vicente Urbino de Freitas. This famous poisoning had international repercussions for decades, with the participation of several forensic experts that made the history of forensic sciences, namely forensic toxicology and pathology. This third work aims to collect, restore, and analyse all the forensic evidence, particularly from the autopsy, toxicological, and psychiatric forensic reports. Facts regarding the life of Vicente Urbino de Freitas during his exile in Brazil were also recovered, along with a vast and outstanding assortment of forensic medicine photographs from the 19th century.     

Mutual and Self Perceptions of Opposing Advocacy Coalitions: Devil Shift and Angel Shift in a German Policy Subsystem

In political conflicts, actors tend to assume that opponents behave maliciously. This phenomena is part of the “devil shift,” which was introduced in advocacy coalition framework research. We present a multivariate analysis of the perceptions of motives and actions of opposing coalitions in a political conflict and thereby analyze a major dimension of the “devil shift” and of its antonym “angel shift.” The conflict concerning the German infrastructure project Stuttgart 21 serves as a case study. We show that the radicalness of policy‐specific beliefs is the most important predictor for the intensity of mutual misperception in the researched conflict. The results further point to a more systematic inclusion of an actor's deep normative core beliefs in future analyses of distorted perception. Another central finding relates to the importance of the personal environment: actors in the subsystem share the same policy core beliefs with the majority of people in their personal environment.     

Power Sector Reforms and Technical Performance: Good News from an Instrumental Variable Analysis

Over the past three decades, various power sector reforms have overhauled the governance of electricity generation, transmission, and distribution in almost a hundred countries. Have these reforms produced benefits? Using instrumental variables, we improve upon earlier studies and demonstrate that power sector reforms enacted between 1982 and 2008 have both had large positive effects on the availability of generation capacity and reduced transmission and distribution losses. We also show that the positive effects on generation capacity are pronounced in developing countries and that hybrid reforms falling short of privatization and free competition are effective in improving generation capacity in particular. Overall, the results show that these reforms are an effective tool to remove an important constraint on economic growth.     

The Changing Images of Simone de Beauvoir in Norway

Abstract

The ways in which the French author and philosopher Simone de Beauvoir (1908–1986) has been portrayed in Norwegian print media have undergone significant changes since she was first introduced to the Norwegian reading public in the 1940s. But how—and why—did her image evolve? This article explores the interplay between the words and phrases used to depict de Beauvoir in Norwegian print media and her seminal essay Le deuxième sexe (1949) and different translations in Norway. By analysing how de Beauvoir is depicted, I aim to produce a better understanding of her multiple and changing images in Norway, and to show how they may be related to the different translations of her best-known work and to her changing status. The transformation of de Beauvoir—from being considered outdated and dependent on Sartre during the 1940s and 1950s, to being highly valued and recognized as an author and memorialist, significant philosopher, and popular feminist icon at the turn of the millennium—is partly a result of the different translations of her major work. At the same time, it could be claimed that her changing image prepared the ground for the translations.     

A Song of Policy Incongruence: The Missing Choir of Consumer Preferences in GMO‐Labeling Policy Outcomes

This article focuses on the degree of policy congruence, and by extension policy responsiveness, of U.S. federal‐ and state‐level GMO labeling laws from 2011–2016. Utilizing consumer survey data, evidence overwhelmingly demonstrates consumers prefer clear text‐based indication if food products contain genetically modified ingredients. However, the federal law adopted in 2016 mandates GMO labeling but with exceptions permitted to clear on‐package text labeling. The results of this study demonstrate that consumer preferences were not adequately represented at the federal level and were misaligned with state policy activities as captured in the aggregate outcome. State legislatures were actively proposing mandatory legislation with only a few cases of success, which did not adequately represent the wishes of the people. Given the misalignment and overall policy incongruence, the consequences of pending federal law are discussed in light of why the voices of the consumer choir were not heard by lawmakers.     

Local Renewable Energy Initiatives in Germany and Japan in a Changing National Policy Environment

Our article explores the contribution of local initiatives to the creation of path dependencies for energy transition in Germany and Japan in the face of resistance from entrenched incumbents at the national level. We use a process‐tracing methodology based partly on interviews with local participants. In particular, we explore the role of local initiatives in securing “socio‐political space” for the expansion of renewable energy (RE) and in embedding themselves in “ecosystems” of public and private institutions. German energy activists were more successful than their Japanese counterparts in expanding this space and creating positive feedback in part because they were able to build horizontal networks that anchored the energy transition firmly in local communities. Although problems with grid technology have led to retrenchment in both cases, Japanese activists' reliance on vertical networks has limited their ability to weather a backlash from national government and utility actors. Our study demonstrates the interaction of political, economic/technological, and legitimation paths to energy transition and highlights the importance of the latter two.     

Population data for six X-chromosome STR loci in a Rio de Janeiro (Brazil) sample: Usefulness in forensic casework

This study presents data for the X-chromosome STR loci DXS7133, DXS7424, DXS8378, DXS6807, DXS7423 and DXS8377. In order to establish a database, unrelated individuals (males and females) from Rio de Janeiro were typed for the above loci. No significant differences were observed between allele frequencies in male and female samples (non-differentiation exact P values ≥ 0.156). Hardy-Weinberg equilibrium was tested in the female sample and no significant deviations were found. All six markers have shown to be highly polymorphic in our sample with gene diversities varying between 0.6797 for DXS7133, and 0.9260 for DXS8377. Pairwise linkage disequilibrium analysis did not allow discharging a possible association between DXS7133 and DXS7424 alleles in Rio de Janeiro population. Parameters of forensic interest, like PD_M, PD_F, Het_obs, Het_exp, were calculated for each locus. The high discrimination power estimated in both males and females, as well as mean exclusion chance in father/daughter duos and in father/mother/daughter trios, demonstrates the usefulness of these six markers in forensic investigation.     

Cuban Anti‐slavery Narrative through Postcolonial Eyes: Gertrudis Gómez de Avellaneda’s Sab

Gertrudis Gómez de Avellaneda’s Sab (1841) has come to be regarded as an iconic work in the canon of nineteenth‐century Cuban fiction, celebrated as much for its literary pedigree as for its radical combination of anti‐slavery and feminist ideas. Yet it has been the subject of very divergent critical appraisals. This essay sets out to breathe new life into Avellaneda’s novel by interpreting it through a postcolonial optic. Drawing on ideas from the scholarship of Edward Said and Frantz Fanon, as well as the ideas of literary theorist Mikhail Bakhtin, these pages explore the implications of its nationalist, racial, sexual and feminist politics for Sab’s anti‐slavery meaning. This postcolonial reading provides a possible solution for the conflicts between its various interpretations.