Student disability claims in the UK and USA: does the jurisprudence converge?

Laws in the UK and the USA protect college students with disabilities from discrimination. The laws of both nations are complex and require institutions of higher education to accommodate qualified students. This article examines the requirements of both nations’ laws with respect to the kinds of inquiries that may be made of students with disabilities, how the institution must go about determining what accommodations are needed, whether the needed accommodations are reasonable and consistent with academic standards or requirements, and whether the institution is required to attempt to accommodate undisclosed disabilities. The article also discusses how the laws in each nation are enforced, addresses the remedies that are available to students in both nations, and focuses on the interpretation of these laws with respect to admission, academic accommodations, nonacademic accommodations (such as housing, student discipline, and co-curricular activities). It also discusses the institution's duty to students with psychiatric disorders who may engage in self-destructive behavior.     

试论续修人物志的几个问题

对续修人物志中的编写原则、收录范围及标准和编写技巧问题研究探讨。     

涉外夫妻财产关系法律适用之探讨

涉外婚姻法律适用问题历来为各国所重视,对涉外夫妻财产关系的法律适用,主要有意思自治原则、夫妻属人法、最密切联系原则等。我国立法对涉外夫妻财产关系适用的法律未作规定,不能适应涉外婚姻的现实需要,应该依据我国国情,参照国外的先进做法,完善涉外夫妻财产关系立法。     

论我国清洁空气法的差别责任原则

由于不同地区、不同主体在历史的、经济的、意识的及现实需要等方面的差别,滥觞于国际环境法的差别责任原则也应该是我国清洁空气法的一项重要法律原则。在内容上,差别责任包括共同责任和区别责任,但区别责任绝不是不承担责任。以移动源排放标准为例,我国应坚持差别责任原则,不同地区、不同产业应区别对待,制定和实施不同的排放标准,而不能一刀切。     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

环境伦理学原则刍议

善恶标准是环境伦理学总原则制定的依据 ,公正原则是环境伦理学的基本原则。在利益问题上 ,要实现环境伦理学所追求的公正。首先必须求得种际公正。代际公正也是环境伦理学追求的公正原则的要求。环境伦理学必须坚持代内公正 ,还要体现男女公正     

大龄女青年初婚与再婚择偶标准比较

大龄女青年的婚配问题成为社会学研究的一个重要领域。通过对征婚启事的量化分析 ,发现初婚与再婚择偶的大龄女青年在外貌、性格与人品、家境、学历与职业等择偶标准方面存在着差异 ,而在兴趣爱好方面没有差异     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

关于仲裁员行为规范的探讨

仲裁员的行为规范是仲裁员独立、公正地进行仲裁的重要指南。国际商事仲裁界对此十分重视并制定了许多相关规范,而我国的相关规范还不够健全,相关理论探讨也为数不多。本文对仲裁员行为规范的相关问题进行了初步探讨,提出了对我国相关制度落实的改进建议,最终目的是实现我国商事仲裁与国际商事仲裁的实践接轨。     

The Committee on Standards in Public Life: Twenty Years of the Nolan Principles 1995–2015

In his recent memoir, William Waldegrave wrote that no country run by John Major and Robin Butler was likely to be in much danger of systemic corruption. The fact remains that a quarter of a century ago, John Major, with the guidance and support of his cabinet secretary, decided to establish the Committee on Standards in Public Life under the chairmanship of Lord Nolan. The apparent prevalence of ‘sleaze’ issues in public life—most notably the ‘cash for questions’ scandals involving Tory MPs—provoked the decision. Lord Nolan's committee immediately enunciated seven principles of public life: honesty, accountability, integrity, selflessness, openness, opportunity and leadership. Over the years, many of the Committee's recommendations have been accepted. There is today vastly greater transparency. The principles have been widely accepted; it is clear the public expects that they should be observed by public servants, including, perhaps especially, MPs. Yet it is equally clear that there is a widespread and still deepening mood of public cynicism on standards matters. The Committee is determined to defend the Nolan principles, but without more help from the political class it will be like Mrs Nupkins in The Pickwick Papers: inculcating moral lessons of great importance and generally ignored.