Two or three contributors of DNA mixtures? – Some practical considerations

The number of contributors is hard to determine in DNA mixture profiles. Here, we deal with the special but frequent case that either two or three contributors are possible. In fact, it might happen that two contributors can explain the number of alleles seen but that three contributors are necessary if a specific person of interest is to be included in the mixture. Then the likelihood ratio assuming two contributors will be zero while the likelihood ratio for three contributors may be large. We evaluate this situation and offer suggestions on how to arrive at an overall likelihood ratio. To exemplify our line of reasoning we use an example proposed by Biedermann, Taroni and Thompson.     

论美国侵权法中的公共侵扰

公共侵扰是英美法中的特有类型,原被限制在公力救济的范围内,是由多数本属刑法处理的小罪的总和,后逐渐发展至允许受有特殊损害的被害人提起私人侵权之诉。工业革命前,公共侵扰侵权的应用被谨慎地限制在不动产和公共权利的范围内,行为人承担责任以其对行为有控制能力为前提。这种限制在工业文明之后被突破。在环保运动背景之下,公共侵扰侵权责任的重心发生了戏剧性的转移,不再是本源上作为消除有害行为的强制手段,而演变为一种新的进行损害赔偿的“权宜之计”。     

美国妨害法在环境侵权救济中的运用和发展

环境侵权救济 ,特别是环境侵害的排除 ,关涉受害人保护和产业发展的平衡。从美国传统妨害法在环境侵权救济中的运用和发展来分析 ,其维护环境正义与经济发展双重目标的有关理论和制度值得我国环境立法和环境司法实践参考和借鉴。     

Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence

Contrary to the leading studies of Brenner and McLaren, it is argued that nuisance law was consistently a robust constraint on polluting industrial enterprise during the industrial revolution. The defining nuisances of industrialisation were ‘inter‐neighbourhood’ in character. They affected country estates surrounding industrial seats into which pollutants were displaced by increasingly tall chimneys and long outfalls. The victims of revolutionary nuisance included elite proprietors with unsurpassed capacity to enforce the law. Like Galanterian ‘haves’, who (it is postulated) use the law to reinforce a social advantage, nineteenth century proprietors enforced the common law to protect the ecological fabric of rural life from the threat of polluting corporate enterprise. This is a fundamental challenge to the orthodox view of the common law's complicity with industrial ecological harm in the past, and poses important questions about the prospect of strengthened common law protection of the environment in the modern day.     

相邻安宁权论

随着社会的发展 ,安静、文明、和谐的生活和工作环境已成为当代人的普遍追求 ,相邻关系也因之而被赋予更新鲜的内容。本文拟从实践中的案例入手 ,以物权法中业已存在的不可量无侵害制度为基础 ,考察了各国立法相关的规定 ,并结合了我国的具体实际加以分析 ,从而就我国相邻安宁权制度提出了立法建议和制度构想。     

Federalization with a Constitutional Guarantee to Secession: Controversies,Paradoxes and Imponderables in Ethiopia

Ethiopia's federal design has a number of anomalies interesting for comparative federalism. The explicit right to secede provided to member states has become, however, real political dynamite in the country. This article deals with this right, its constitutionalization, its constitutional and ideological underpinnings, and its practical impacts on federal construction in the country for the last two decades. It challenges the political expediency views on its constitutionalization and argues that the inclusion of the right in the federal constitution is motivated by ideological reasons. By having a look at the powers member states are provided by this ‘generous' constitution, it reveals its staggering paradoxes. As far as the practical impacts of the right are concerned, the hefty controversy the constitutionalization of the right has continued creating in the country, the article argues, is a significant federal nuisance.