An Analysis of Damage to U.S. Soybean Yields from 1982 Acid Deposition Levels

Experimental data were compiled for seven soybean varieties studied at four different locations in the U.S. for a period of one to three years. Three dose–response functions (linear, quadratic, and Weibull) were fitted, as appropriate, to the experimental data. Effects of acid deposition on soybean yields were estimated by combining variety-specific dose–response and production data. These calculations suggest that U.S. soybean production (2.2 billion bushels in 1982) would increase by 3.2 million bushels with a 10% reduction in 1982 hydrogen ion concentration levels in all counties where soybeans were grown, and by almost 70 million bushels with uniform improvement to pH 5.2. These estimates are based on many simplifying assumptions and are subject to several important sources of uncertainty explored in this study. The calculated changes are small in comparison with effects from other natural and anthropogenic stresses.     

论医疗损害赔偿责任承担机制

医学作为一门实用科学在整个人类史上占有举足轻重的地位,对于保障人类健康、延长人类寿命大有裨益;但是医学同样还是一门不断摸索前进的科学,人类基因的不断变异、生态环境的日益恶化、身体机能的因人而异,都使医学在发挥作用中面临巨大的挑战。在此过程中,医疗损害的发生在所难免。医疗损害的严重后果往往会超过侵害人的承受能力,但靠传统的侵权责任赔偿无法填补医疗损害,所以,顺应时下多元化救济的理念,实现责任风险的分散化,建立多元化的医疗损害赔偿责任承担机制已为必然之势。     

论违约与精神损害赔偿

对违约责任是否包括精神损害赔偿国内外法学理论界与司法界尚有争论。随着经济的发展,人们越来越重视对人格精神利益的保护,为因违约而造成守约人人格精神利益提供司法救济已成为一种客观趋势。文章在考察国外有关违约精神损害赔偿的立法与司法实践后认为,违约责任应当包括精神损害赔偿,并就如何构建我国的违约精神损害赔偿制度提出了建议。     

Invariance of linearity of regression and related characterizations of some classical discrete distributions

Rao (1963) introduced what we call an additive damage model. In this model, original observation is subjected to damage according to a specified probability law by the survival distribution. In this paper, we consider a bivariate observation with second component subjected to damage. Using the invariance of linearity of regression of the first component on the second under the transition of the second component from the original to the damaged state, we obtain the characterizations of the Poisson, binomial and negative binomial distributions within the framework of the additive damage model.     

Bayes Estimation Based on Joint Progressive Type II Censored Data Under LINEX Loss Function

In the lifetime experiments, the joint censoring scheme is useful for planning comparative purposes of two identical products manufactured coming from different lines. In this article, we will confine ourselves to the data obtained by conducting a joint progressive Type II censoring scheme on the basis of the two combined samples selected from the two lines. Moreover, it is supposed that the distributions of lifetimes of the two products satisfy in a proportional hazard model. A general form for the distributions is considered, and we tackle the problem of obtaining Bayes estimates under the squared error and linear-exponential (LINEX) loss functions. As a special case, the Weibull distribution is discussed in more detail. Finally, the estimated risks of the various estimators obtained are compared using the Monte Carlo method.     

Toward a Viable Progressive Third Party in 2020 and Beyond1

Creating a strong, influential third party has been an abiding aspiration on the American left, and were this goal to be achieved, it could be a great boon to subordinate groups in the United States. Yet widespread doubts persist, even among progressives that this is desirable, and especially that it is possible. Here, I briefly review compelling reasons for thinking otherwise; I then consider in some depth the potential for starting to build a viable left third party leading up to and after the pivotal 2020 election. In doing so, I go beyond the existing literature on third parties, which has yet to reflect systematically on progressive third party prospects in this period. Specifically, I assess how the emerging political environment may shape left third-party building, and I evaluate ongoing and developing attempts by key groups engaged in that effort. I find a distinct tension between conditions encouraging progressives to reform versus abandon the Democratic Party, and I identify one alternative party-building tendency that seems most able to exploit the latter impulse due to its already established electoral viability. Last, I highlight relevant questions that remain for activists hoping to create an effective national left third party.     

Fiddling while the planet burns? COP25 in perspective

ABSTRACT

With fires, storms, social protests, and climate strikes sweeping the world, 2019 should have been a tipping point in how the world responds to global heating. This was the backdrop to the COP25 climate change summit which took place in Madrid in December 2019. This paper assesses the outcomes of the meeting and the path towards the critically important meeting in Glasgow at the end of 2020. It analyses and explains the key points of contention over levels of ambition, the rules which should govern global carbon markets and sensitive issues such as loss and damage associated with the impacts of climate change. The analysis is situated within a broader geopolitical and economic context of right-wing populism, deepening forms of marketization and financialization of responses to climate change and against a background of a world increasingly feeling the effects of the climate crisis.     

On the power of goodness-of-fit tests for the exponential distribution under progressive Type-II censoring

The aim of this article is to review existing goodness-of-fit tests for the exponential distribution under progressive Type-II censoring and to provide some new ideas and adjustments. In particular, we consider two-parameter exponentially distributed random variables and adapt the proposed test procedures to our scenario if necessary. Then, we compare their power by an extensive simulation study. Furthermore, we propose five new test procedures that provide reasonable alternatives to those already known.     

论职业病病人的人身损害补偿与赔偿请求权--以《职业病防治法》第58、59条规定为中心

职业病病人的人身损害通常具有缓发性、不可逆等特质。《职业病防治法》第58、59条分别规定了工伤保险待遇给付请求权和人身损害赔偿请求权。工伤保险待遇在本质上属于人身损害补偿，如要实现损害之全部填补，职业病病人可以选择从契约关系、侵权行为、保险契约、法律之特别规定等视角，以仲裁或诉讼方式请求用人单位予以人身损害赔偿。     

论《侵权责任法》规定的医疗产品损害责任

《侵权责任法》规定的医疗产品损害责任，从性质上来说，既是医疗损害责任的一个特殊类型，也属于产品责任的范畴，适用无过错责任原则。其中第59条规制的适用范围包括有缺陷的药品、消毒药剂和医疗器械以及不合格的血液，但此适用范围应予以界定。在此界定内，导致患者损害的医疗机构、生产者所承担的赔偿责任才是《侵权责任法》第59条规定的医疗产品损害责任。