The Recognition,and Res Judicata Effect,of a United States Class Actions Judgment in England: A Rebuttal of V ivendi

United States' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both American and foreign (i.e., non‐US‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in England, should absent English class members wish to re‐litigate the same grievance before an English court. Specifically, it is argued that two separate preconditions for such recognition and preclusive effect would fail, viz, a US court would usually lack the requisite ‘personal jurisdiction’ over absent English class members; and the necessary ‘identity of parties’ would be absent. The article seeks to anticipate the appropriate answer to a conundrum which is certain to arise for future English judicial consideration, whilst acknowledging the uneasy fit which currently exists between English private international law and multi‐jurisdictional class actions.     

Safety demand and supply: An alternative to fear of crime

This review provides an opportunity to assess the current state of gang research and suggest directions for its future. There has been a dramatic increase in research on gangs, gang members, and gang behavior since the early 1990s, making this review especially timely. We use Short’s three-level framework of explanation to organize the findings of prior research, focusing on individual-, micro-, and macro-level research. Attention is focused on the findings of such research, but we also examine theoretical and methodological developments as well. Drawing from Short and life-course research, we introduce a cross-level temporal framework to guide future directions in gang research.     

Investment sensitivity to interest rates in an uncertain context: is a positive relationship possible?

This paper shows a non-linear relationship between investment and interest rates under uncertainty. Since the interest rate’s variance is positively related to the investment’s value (through the discount factor) and, generally, is also positively related to the interest rate’s level, then, at the same time, a negative (classical) and a positive (through the interest rate’s variance) relationship links interest rates to investment. Hence, an ultimate and even positive relationship between investment and interest rates’ (expected) level may occur. A specific model is proposed and the conditions upon which the positive effect occurs are derived. Some estimates are also proposed.

团体心理训练干预罪犯消极情绪的实训研究

随着心理科学的普及,越来越多的人逐渐认识到"生理、心理及社会适应的良好状态"才是健康的标准.对罪犯改造的目的是促其正常回归社会,做个守法、健康的合格公民.对狱内具有消极心理情绪的罪犯开展团体心理训练,具有参与性强、调适不良情绪、改善人际关系等特点.     

On the Public Interest of the Market——Externality Doesn’t Means Market Failure

Based on the Market Process and the Individualism Methodology of the Austrian School of Economics,the article tries to introduce the concept of Market Public Interest and compares it with the Invisible Hand principle of Adam·Smith. The article points out that the concept of Externality should be re－understood against the background of Market Public Interest.In fact,the market is an ocean of externalities.In the free market,consumers and entrepreneurs will reflect to the externalities, so the market public interest increased during this process.Therefore,the Externality itself is not a problem and doesn’t mean Market Failure, and actually, the blocking of people’s reflection to the externalities by themselves is the real problem.The Property Right is a concept of status, and adjusting continuously with the individual action.Compared with the concept of Market Public Interest,the article argues that Ronald Coase’s concept of Aggregate Social Product is a static concept and lacks practical methodology foundation.     

开高健对《恐慌》主人公性格的设定及主题的彰显

作为日本战后文坛的一位重要作家，开高健不同于战后其他作家；他放眼社会，针砭时弊，给世人以深思及启迪，走出了一条与传统的“私小说”完全不同的道路。代表作之一的《恐慌》发表于1957年，正值日本经济高速增长的前夕。处于大动荡时期的日本社会亟需能够从正面直视并描写社会实态的作家，开高健的《恐慌》正好回应了这一时代要求。探讨主人公俊介的积极、妥协、抗争、精明等诸种性格因素，分析社会转型时期人们普遍存在的躁动不安、无所适从的心理特征，揭示作品的主题亦即集团中的个人和官僚体制的腐败，从而发现开高健作品所蕴含的鲜明时代特征和现实批判意义。     

Active in Not Being Active (AINBA): how East Asian powers accept R2P

This article explores and compares the positions of two major powers in East Asia—China and Japan—towards the ‘Responsibility to Protect’ (R2P) norm. R2P calls for collective international responsibility in the event that states are unwilling or unable to protect their people. Evaluating the mainstream argument in the literature that China and Japan have recently been welcoming the R2P norm, we ask the following questions: To what extent have China and Japan aligned themselves with R2P? How do international and national factors play out to influence their R2P stance? To summarize our findings up front: unlike what much of the current literature says, China and Japan's acceptance and practice of the R2P norm are largely pro forma. We argue that they both appear active in participating in the debates but only in order to remain inactive. In other words, they are active participants in the debates and discussions on R2P, but their aim is not to further its usage but to contain its effects. Their current stance on R2P is characterized by what we will call ‘Active in Not Being Active’ (AINBA). The article discusses the key sources and rationale for their AINBA policy with regard to R2P.     

论未来电影版权质押权的设定

一部文学作品在创作过程中需要投入巨大人力物力,其创作周期也是十分漫长,特别是商业电影,其经济效益体现在电影发行上映。因此,拍摄中的电影的价值是模糊的,不过是可期待的。当今社会,拍摄中的电影日益表现出一种期待利益,并成为融资的一项重要手段。     

分组互动式教学法的运用

教育方法的选择总是随着教育环境的变化而变化的。基于网络的普及、以"学"为中心的建构主义学习观的完善、"教"与"学"沟通方式的多样化等学习情景,通过近五年的教学探索,我们总结出了分组互动式教学法,在实际教学中取得了良好的教学效果。     

Does Recent Victimization Impact Confidence in the Criminal Justice System?

This study assesses whether recent victimization influences one’s confidence in the criminal justice system. Specifically, the study tests whether the predictors of confidence in major types of actors in the justice system are different for victims and nonvictims. British Crime Survey (BCS) data are analyzed using a series of structural equation models with multiple group methods. Overall, the findings support the idea that there is little difference between victims and nonvictims in how views of legal actors predict overall confidence. Additionally, prosecutors are slightly more influential on system confidence, regardless of victimization experience. Policy implications and future research directions are discussed.