论"通知—删除"规则的性质——以平台自治为视角

"通知—删除"规则的法律条文并没有赋予平台自治的空间,但是平台自治的需求已经"凸显".免责条款理论表面上能保障平台自治,但是并不符合我国的实际.归责条款理论是我国的通说,其扼杀了平台自治的空间,司法实践对此虽有调和,但是难以济事.我国的"通知—删除"规则系特定的历史背景下的产物,其在性质上仅仅是行为标准.在侵权行为的认定上,违反"通知—删除"规则的情形并非侵权的充分条件.事实上,这一行为标准的违反在侵权法上的意义仅仅作为主观过错的证据,电商平台可以反证其不具有过错.司法实践中亦有区别对待"通知—删除"规则的违反和侵权之认定的做法.明晰此点方可保障平台自治,同时亦实现电商平台对用户监管之目的.     

Abusive Supervision and Well-Being of Filipino Migrant Workers in Macau: Consequences for Self-Esteem and Heritage Culture Detachment

Abusive supervision in the workplace has been shown to have important direct consequence in work and work relationship, and also indirect consequences to workers’ well-being and relationships outside work. Consequences of abusive supervision have not been studied among migrant workers whose status in the host country of work is dependent on maintaining the work contract. This study investigates abusive supervision in 247 Filipino migrant workers in Macau, who hold temporary work contracts and work visas to engage in various low-skilled work (e.g., domestic helper, security guard, etc.). The study tests a model representing the indirect consequences of abusive supervision on the self-esteem and acculturation orientation of migrant workers, in particular, on the tendency to reject their heritage culture in their attempt to acculturate in the host country. Mediation analysis indicated that abusive supervisory perceptions led to lower self-esteem (b = ?.19), which in turn relates to tendency to reject their heritage culture as part of acculturation (b = ?.45) [indirect effect = .08, 90 % CI .04, .15]. The rejection of heritage culture is interpreted as a coping response to the negative indirect consequences of abusive supervision perceptions that may be partly attributed to being a migrant Filipino worker. The results are discussed in terms of how the acculturation of migrant workers reflects aspects of their well-being that may be adversely affected by vocational-related stress in the host country.     

论普里什文哲理散文中的生态文学思想与猎人情结

普里什文哲理散文中所具有的预言式生态思想与环保理念备受当代“生态文学”理论家的青睐。但他热衷描写狩猎场景的猎人情结却又遭到新世纪中“生态伦理”理论的诟病。其实从文本的本体性观念来理解，普里什文的诗性自然情怀、生态观念与他的猎人情结并非只有冲突的一面，他所表达出的是人对大自然万物之本能与道义之间的尺度衡量，而这种衡量也可反观当代人与自然万物之间的关系的现状，实际上表达出一种更为深刻的天人关系的批判性。     

Pathways from workplace flexibility to turnover intention: Role of work–family conflict,family–work conflict,and job satisfaction

This study examined the prevalence of workplace flexibility and the mechanisms that allow workplace flexibility to influence turnover intentions through work–family and family–work conflicts and job satisfaction among low‐wage workers in South Korea. Participants included 250 low‐wage workers whose monthly salary was less than 2 million Korean won (approx. $1,900). The study results indicate that low‐wage workers have limited access to workplace flexibility and that workplace flexibility plays a significant protective role in reducing their turnover intention, indirectly by decreasing work–family conflicts and enhancing job satisfaction. This article also discusses the implications of these findings for labor policy and social work practice.     

Integrating Operational and Organizational Aspects in Interdependent Infrastructure Network Recovery

Managing risk in infrastructure systems implies dealing with interdependent physical networks and their relationships with the natural and societal contexts. Computational tools are often used to support operational decisions aimed at improving resilience, whereas economics‐related tools tend to be used to address broader societal and policy issues in infrastructure management. We propose an optimization‐based framework for infrastructure resilience analysis that incorporates organizational and socioeconomic aspects into operational problems, allowing to understand relationships between decisions at the policy level (e.g., regulation) and the technical level (e.g., optimal infrastructure restoration). We focus on three issues that arise when integrating such levels. First, optimal restoration strategies driven by financial and operational factors evolve differently compared to those driven by socioeconomic and humanitarian factors. Second, regulatory aspects have a significant impact on recovery dynamics (e.g., effective recovery is most challenging in societies with weak institutions and regulation, where individual interests may compromise societal well‐being). And third, the decision space (i.e., available actions) in postdisaster phases is strongly determined by predisaster decisions (e.g., resource allocation). The proposed optimization framework addresses these issues by using: (1) parametric analyses to test the influence of operational and socioeconomic factors on optimization outcomes, (2) regulatory constraints to model and assess the cost and benefit (for a variety of actors) of enforcing specific policy‐related conditions for the recovery process, and (3) sensitivity analyses to capture the effect of predisaster decisions on recovery. We illustrate our methodology with an example regarding the recovery of interdependent water, power, and gas networks in Shelby County, TN (USA), with exposure to natural hazards.     

Cross‐Sectional Psychological and Demographic Associations of Zika Knowledge and Conspiracy Beliefs Before and After Local Zika Transmission

Perceptions of infectious diseases are important predictors of whether people engage in disease‐specific preventive behaviors. Having accurate beliefs about a given infectious disease has been found to be a necessary condition for engaging in appropriate preventive behaviors during an infectious disease outbreak, while endorsing conspiracy beliefs can inhibit preventive behaviors. Despite their seemingly opposing natures, knowledge and conspiracy beliefs may share some of the same psychological motivations, including a relationship with perceived risk and self‐efficacy (i.e., control). The 2015–2016 Zika epidemic provided an opportunity to explore this. The current research provides some exploratory tests of this topic derived from two studies with similar measures, but different primary outcomes: one study that included knowledge of Zika as a key outcome and one that included conspiracy beliefs about Zika as a key outcome. Both studies involved cross‐sectional data collections that occurred during the same two periods of the Zika outbreak: one data collection prior to the first cases of local Zika transmission in the United States (March–May 2016) and one just after the first cases of local transmission (July–August). Using ordinal logistic and linear regression analyses of data from two time points in both studies, the authors show an increase in relationship strength between greater perceived risk and self‐efficacy with both increased knowledge and increased conspiracy beliefs after local Zika transmission in the United States. Although these results highlight that similar psychological motivations may lead to Zika knowledge and conspiracy beliefs, there was a divergence in demographic association.     

Towards Uniformly Efficient Trend Estimation Under Weak/Strong Correlation and Non‐stationary Volatility

In this paper, we consider the deterministic trend model where the error process is allowed to be weakly or strongly correlated and subject to non‐stationary volatility. Extant estimators of the trend coefficient are analysed. We find that under heteroskedasticity, the Cochrane–Orcutt‐type estimator (with some initial condition) could be less efficient than Ordinary Least Squares (OLS) when the process is highly persistent, whereas it is asymptotically equivalent to OLS when the process is less persistent. An efficient non‐parametrically weighted Cochrane–Orcutt‐type estimator is then proposed. The efficiency is uniform over weak or strong serial correlation and non‐stationary volatility of unknown form. The feasible estimator relies on non‐parametric estimation of the volatility function, and the asymptotic theory is provided. We use the data‐dependent smoothing bandwidth that can automatically adjust for the strength of non‐stationarity in volatilities. The implementation does not require pretesting persistence of the process or specification of non‐stationary volatility. Finite‐sample evaluation via simulations and an empirical application demonstrates the good performance of proposed estimators.     

Efficient Estimation in Heteroscedastic Partially Linear Varying Coefficient Models

This article considers statistical inference for the heteroscedastic partially linear varying coefficient models. We construct an efficient estimator for the parametric component by applying the weighted profile least-squares approach, and show that it is semiparametrically efficient in the sense that the inverse of the asymptotic variance of the estimator reaches the semiparametric efficiency bound. Simulation studies are conducted to illustrate the performance of the proposed method.