A Bonfire of the Regulations,or Business as Usual? The UK Labour Market and the Political Economy of Brexit

Employment and labour market regulation initially appeared as one of the solid red lines in the UK's renegotiation of the country's place in the EU. The basic argument is that the UK's more deregulated labour market would sit uneasily in the more organised models, based on statutory instruments or collective bargaining, found on the continent. While there is a legitimate problem here, EU employment regulations appear manageable from the point of view of business, while unions see them as important tools for socially responsible economic restructuring. Most of UK employment case law is now deeply entangled with EU law; labour market regulations have, on the whole, become part of the way of doing business in the Single Market; and a simple cost–benefit analysis appears impossible because some costs are not quantifiable and the costs of others are reduced when taken as a bundle. Labour unions agree that transposition of European law needs to be done taking into account local sensitivities, while internationally oriented companies do not see EU regulations on the whole as detrimental to business. Importantly, though, the costs and benefits of EU employment regulations are not symmetrically distributed across different companies: large companies are better able to reap the rewards and accommodate the costs of operating in the Single Market than smaller companies.     

论《著作权法》对“网播”的规制

“网播”不是“网络传播”的缩略语,也不包括“网络转播”,而是指通过网络实施的初始非交互式传播。修改前的《著作权法》对广播权的定义移植自《伯尔尼公约》的规定,不能规制“网播”,当时只能对“网播”适用“兜底权利”。《著作权法》修改后,广播权被改造为涵盖以任何技术手段进行非交互式传播的专有权利,可以规制“网播”。其规制范围不限于传播作品创作完成时的原始形态,还包括传播作品的表演和表演的录制品。     

Effectiveness of cognitive remediation for female inmates: a pilot study

There is considerable evidence that neurocognitive deficits are frequent among incarcerated offenders. However, current correctional programming does not directly seek to remediate deficits in offenders’ neurocognitive deficits. In this pilot project, we sought to treat neurocognitive deficits in incarcerated Portuguese adult women offenders (n?=?28) using cognitive remediation to target cognitive flexibility, memory, and planning. Statistically significant positive changes, with medium to large effect sizes, were discovered across several neurocognitive domains, including attention, speed of processing, verbal learning and memory, cognitive flexibility, and planning. We also found a decrease in the negative emotional states of depression, anxiety, tension/stress, and on disturbed behavior in prison. Cognitive remediation has the potential to enhance the neurocognitive functioning of incarcerated women. Controlled research is needed to establish cognitive remediation fully as an intervention for the treatment of neurocognitive deficits of incarcerated women.     

Why do mental health courts work? A confluence of treatment,support & adroit judicial supervision

The article contributes to the understanding of ‘what works’ in mental health courts (MHCs). There are now almost 400 MHCs in the US and more worldwide. A substantial body of evidence demonstrates that MHCs can succeed in reducing recidivism among offenders who suffer mental disorders. This article argues that MHCs succeed when they have achieved the right confluence of essential elements, including providing evidence-based treatment and psychosocial supports and using adroit judge-craft. After a brief review of some of the studies demonstrating MHC success, this article discusses the research into the necessary foundations of rehabilitation programs. It is argued that, although treatment and psychosocial services should be supplied within an evidence-based framework, neither of the two leading conceptual models – Risk–Needs–Responsivity and the Good Lives Model – are empirically proven with offenders who suffer from mental disorders. Despite the absence of proof, the Good Lives Model is argued to be appropriate for MHCs because it is normatively consonant with therapeutic jurisprudence. The MHC judge is another essential element. The judicial role is assayed to elucidate how it functions to promote the rehabilitation of offenders with mental disorders. It is argued that the role of the MHC judge during supervisory status hearings is to establish a therapeutic alliance and practice motivational psychology with each MHC participant.     

Demonising ‘the other’: British Government complicity in the exploitation,social exclusion and vilification of new migrant workers

This article demonstrates the close and complex connection between the demonisation, exploitation and exclusion of new migrant workers. In so doing, it testifies to the blurred boundaries between the categories of severe labour exploitation, forced labour and slavery. This study highlights the absence of citizenship rights as crucial to understanding the vulnerability to demonisation, exploitation and exclusion that characterises the embodied experience of such workers. It also highlights the key role of citizenship as a means for such workers to make rights claims. In the UK, new migrant workers, particularly those arriving from Eastern Europe since 2004, have been increasingly designated by government and media as interlopers in a tight labour marketplace. Whilst their collective economic contribution is sometimes welcomed, they are regarded as ‘external’ to UK society and citizenship, a potential threat to indigenous values and culture, and in competition with British workers. Rarely are migrants afforded the space in public and private spheres to express their individual needs, wants, cares or perspectives. UK migrants have variously been portrayed by the tabloid media and irresponsible politicians as rapacious opportunists, as benefit scroungers, criminals and potential terrorists. The predominant discourse around new migrant workers in the UK is that they are not citizens, but temporary residents who are expected to work industriously and to remain otherwise unseen and unheard until they return to their country of origin. No further contribution to social and political life is required or expected. It is within such an unsupportive environment that new migrant workers in general, and undocumented migrants in particular, have become highly susceptible to employer and gangmaster abuse and exploitation.     

Let's go outside: bodies,prostitutes, slaves and worker citizens

In liberal thought, slavery is imagined as reducing the human being to nothing but a body, while the free and equal political subjects of modern liberal democracies are held to be abstract, universal and disembodied individuals. In theory, bodies are also unimportant in the wage labour exchange. Though traditional models of worker citizenship insist on state and employers' duty to protect the human worth of worker citizens, they also assume the disembodied, thing-like nature of commodified labour power. Because bodies are so obviously important in the exchange between prostitute and customer, sex work is difficult to reconcile with liberal fictions of disembodiment, and one strand of feminist debate on prostitution is preoccupied by the question of whether prostitutes are like slaves or wage labourers. Protagonists on both sides of this debate often reproduce liberal understandings of labour power as a ‘thing’ that can be detached from the person. And yet labour power is also a contested commodity, and wage labour has historically been likened to slavery by activists struggling against the commodification of labour power. This article argues that stepping outside liberal fictions of disembodiment and recognising the parallels between prostitution, wage labour and slavery would allow greater scope for establishing a common political subjectivity amongst prostitutes, other wage workers and all those who have an interest in halting and reversing the current global trend towards the commodification of everything. In this way, common political ground between prostitutes and other wage workers is more visible when we step outside liberal assumptions about embodiment, slavery, work and citizenship.     

论涉外民事关系法律适用规则的适用方式——以立法调整模式为中心

法律适用规则的适用方式直接关涉《涉外民事法律适用法》实施的统一性、严肃性和可预测性,关系到我国国际私法和民事诉讼法不同理论和制度之间的有机协调,影响到不同诉讼主体在涉外民商事审判中的地位和利益,宜采用立法调整的模式对法律适用规则的适用方式问题做出明确规定。在将来《涉外民事法律适用法》完善时,应根据争议所涉民事关系性质的不同,分别采用依职权适用和任意性适用方式。     

英国法下海盗行为及海盗赎金的评析与最新发展

在向海盗支付大笔赎金后,被海盗劫持的船舶、货物和船员通常会得到释放。支付赎金似乎成为当前解决海盗劫持最不得已却最有效的手段。因此,有关海盗赎金的法律性质也就日渐成为国际社会,特别是船东、货主和保险人关注的焦点。作为一个航运法律强国,英国显然在认定海盗行为和海盗赎金的法律性质上走在了海运国家的前列。因此,了解英国保险法下对海盗行为及海盗赎金的认定对于中国航运法律与实务大有裨益。根据英国上诉法院在2011年初对the“Masefield v．Amlin”案的二审判决,对包括海盗赎金的合法性和公共政策,在海盗劫持下的财产是否构成全损,以及是否可以将海盗赎金认定为共同海损抑或是施救费用等问题加以分析和阐述。     

温针灸联合Kegel盆底康复训练对产后压力性尿失禁的临床研究

目的 观察温针灸联合Kegel盆底康复训练对产后压力性尿失禁的疗效。方法 将66例产后压力性尿失禁患者按随机数字表法分为治疗组与对照组,每组33例。对照组予以Kegel盆底康复训练,观察组予以温针灸联合Kegel盆底康复训练,观察两组患者治疗前后的漏尿量、尿失禁程度评分、盆底肌力、生活质量评分及临床疗效。结果 两组患者治疗后漏尿量、尿失禁程度评分、盆底肌力、生活质量评分与治疗前比较,差异均有统计学意义（P<0.05）;观察组漏尿量、尿失禁程度评分降低程度大于对照组（P＜0.05）,生活质量评分增加程度大于对照组（P＜0.05）。观察组临床疗效优于对照组（P<0.05）。结论 温针灸联合Kegel盆底康复训练治疗压力性尿失禁比单一Kegel盆底康复训练的疗效更好。