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Choice of law and the home-court advantage: evidence 总被引:1,自引:0,他引:1
This paper tests three separate hypotheses about inherent biasesin the application of modern choice of law rules: (1) Brilmayer's1980 hypothesis that such rules camouflage 'pro-resident, pro-forum-law,pro-recovery' biases, (2) Borchers's 1992 hypothesis that courtsdo not consistently apply the principles of the choice of lawrule they claim to be applying, and (3) an economic hypothesis,presented in the paper, that only a 'pro-forum-law' bias isunambiguously consistent with economic efficiency, simply becauseit conserves the resources of the court and bar in the forumstate. I find relatively strong support for the 'pro-recovery'bias of courts, weaker support for 'pro-forum-law' bias, andreject the 'pro-resident' bias. If anything, states retainingthe rigid choice of law rules are more likely to favor theirresidents. Moreover, I reject Borchers's claim that courts donot take the modern approaches seriously. Indeed, in general,they follow Borchers's own predictions. 相似文献
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Caryn L. Stoller Daniel Offer Kenneth I. Howard Linda Koenig 《Journal of youth and adolescence》1996,25(3):273-283
The objectives of the study were as follows: (1) to determine the accuracy of psychiatrists' concepts of the self-image of healthy and disturbed adolescents, and (2) to examine the effects of psychiatrists' gender, experience, and specialization on the accuracy of these concepts. Toward this end, eighty-four psychiatrists completed a modified Offer Self-image Questionnaire as they believed a mentally healthy 15-year-old of their gender would respond. These responses were compared to those of 140 nonpatient 15-year-olds. Sixty-one psychiatrists completed the questionnaire as they believed a disturbed 15-year-old of their gender would respond. These responses were compared to the responses of 70 psychiatric inpatient 15-year-olds of the same diagnosis. The results were that psychiatrists had a more accurate concept of normal adolescents' self-image than was found in 1981. However, their view of the self-image of disturbed adolescents was more psychopathological than the disturbed adolescents viewed themselves. Psychiatrists' gender, number of years postresidency, and type of training had no effect on the accuracy of the psychiatrists' concepts. The results demonstrate that while psychiatrists work with disturbed adolescents, they have a more accurate perception of the self-image of normal adolescents. This can effect the diagnosis and treatment of adolescent patients.Presented on May 24, 1994, at the annual meeting of the American Psychiatric Association, Philadelphia, Pennsylvania.Received M.D. from Rush Medical College. Research interest is in adolescent psychology.Received M.D. from University of Chicago. Research interests are in adolescent development psychology and psychopathology.Received Ph.D. from University of Chicago. Research interests are in psychotherapy research and adolescent psychology.Received Ph.D. in Clinical Psychology from Northwestern University. Research interests are in adolescence and child development. 相似文献
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DOLORES SEÑORANS 《Bulletin of Latin American research》2020,39(1):69-82
This article takes an ethnographic perspective to analyse the ways in which social movements in Buenos Aires, Argentina, politicise experiences of precarity through the creation of popular economy initiatives. I argue that we cannot understand these organising processes exclusively in relation to the pursuit of ‘formalisation’ or the improvement of working conditions. In the context of new forms of State intervention, the notions of ‘rights’—to labour and to the city—that these movements put forward, express ways of envisioning full inclusion in society that encompass notions of worthiness and ‘dignified life’, forged over the course of grassroots political action. 相似文献
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Diana Bilimoria Susan R. Perry Xiangfen Liang Eleanor Palo Stoller Patricia Higgins Cyrus Taylor 《The Journal of Technology Transfer》2006,31(3):355-365
In this study we examine how a sample of 248 male and female professors at a Midwestern private research university construct
their academic job satisfaction. Our findings indicate that both women and men perceive that their job satisfaction is influenced
by the institutional leadership and mentoring they receive, but only as mediated by the two key academic processes of access
to internal academic resources (including research-supportive workloads) and internal relational supports from a collegial
and inclusive immediate work environment. Gender differences emerged in the strengths of the perceived paths leading to satisfaction:
women’s job satisfaction derived more from their perceptions of the internal relational supports than the academic resources
they received, whereas men’s job satisfaction resulted equally from their perceptions of internal academic resources and internal
relational supports received. Implications for leadership and institutional practices are drawn from the findings. 相似文献
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