“二倍工资”法律条款适用问题分析

＂二倍工资＂的相关法律条款是我国劳动合同法领域首创的法律制度,这一系列条款充分表明了我国始终坚持对劳动合同书面形式的强制,也体现出最大限度保护劳动者合法权益的立法目的。从2008年《中华人民共和国劳动合同法》出台实施至今,＂二倍工资＂的法律条款从未经过修改,对于它的争议也从未停止,各地区对于它的适用问题也存在很大分歧。为了使＂二倍工资＂的法律条款得到更好的实行,使这些存在分歧的问题能在日后出台的相关规范性文件中得以明确,就要从相关条款的法律性质、支付标准和时间节点等方面就＂二倍工资＂的适用问题进行分析,这样才能解决司法实践中适用标准不统一的问题,才能使这一系列有明确立法目的的法律条款得到更有效的实施,从而更好地保护广大劳动者的合法权益。     

论产品质量法上的瑕疵给付责任

我国《产品质量法》第40条的规定在性质上应为瑕疵给付责任,属于债务不履行的一种表现形态;瑕疵给付责任的效力在我国立法上表现为补正措施、合同解除(退货)和损害赔偿,与大陆法系、英美法系国家相比,缺少价金减额请求权的规定,不利于消费者利益的维护;基于交易便捷的考虑,在瑕疵给付责任的实现上应该突破合同相对性原则,其权利主体不应局限于真正购买产品的消费者,义务主体以销售者为主导,承担一种较为严格的责任,生产者则承担类似于一般保证的补充责任。     

Impulsivity as a Risk Factor for HIV Transmission in Men Who Have Sex with Men: A Delay Discounting Approach

Delay discounting (DD) is a measure of impulsivity that describes the subjective decline in value of a consequence as the delay to that consequence increases. We sought to assess whether the results of a monetary DD task would be predictive of sexual risk-taking in a group of Internet-using men who have sex with men (MSM). 1402 participants completed an online survey that included questions about the participant’s demographics, sexual history and behavior, drug use, sexual compulsivity, and a monetary DD task. High DD was associated with increased odds of reporting >2 UAI partners in the past 12 months [aOR = 1.5 (1.1–2.1)]. Future studies should examine the utility of DD as a predictor of risky sexual behavior, as well as explore the possibility of HIV prevention interventions targeting DD.     

A value of information framework for assessing the trade-offs associated with uncertainty,duration, and cost of chemical toxicity testing

A number of investigators have explored the use of value of information (VOI) analysis to evaluate alternative information collection procedures in diverse decision-making contexts. This paper presents an analytic framework for determining the value of toxicity information used in risk-based decision making. The framework is specifically designed to explore the trade-offs between cost, timeliness, and uncertainty reduction associated with different toxicity-testing methodologies. The use of the proposed framework is demonstrated by two illustrative applications which, although based on simplified assumptions, show the insights that can be obtained through the use of VOI analysis. Specifically, these results suggest that timeliness of information collection has a significant impact on estimates of the VOI of chemical toxicity tests, even in the presence of smaller reductions in uncertainty. The framework introduces the concept of the expected value of delayed sample information, as an extension to the usual expected value of sample information, to accommodate the reductions in value resulting from delayed decision making. Our analysis also suggests that lower cost and higher throughput testing also may be beneficial in terms of public health benefits by increasing the number of substances that can be evaluated within a given budget. When the relative value is expressed in terms of return-on-investment per testing strategy, the differences can be substantial.     

Examining the association between Medicaid coverage and preterm births using 2010–2013 National Vital Statistics Birth Data

Reducing the number of preterm births is a high public health priority in the U.S. Preterm birth, affecting an estimated 380,000 infants annually, is a leading cause of infant mortality and morbidity and is associated with individual and systemic characteristics. Preterm birth is estimated to cost society $26 billion annually. Despite an elevated financial burden caused by preterm birth, very little is known about who bears these costs. This study seeks to understand the relationship between Medicaid and private insurance payment for preterm birth, using multiple years of vital statistics data, which for the first time since 2010 include information on payment source. The nationwide data cover births that occur in all settings, including non-hospital settings, and many maternal characteristics not available in other datasets, improving upon previous analyses. These data can be used to promote better Medicaid coverage of interventions known to be effective in reducing preterm births.     

Then press enter: digital payment technology and the history of telephone interface

The internet and other digital networks in the U.S. (and beyond) remain essentially an upgrade of the national telephone network built by AT&T over the first half of the twentieth century, and digital payment remains tethered to telephony at the level of infrastructure. Telephone history also continues to inform digital payment at the level of interface. Debit card readers feature a keypad nearly identical to those introduced (also by AT&T) to the dialling public a half-century ago on touch-tone telephones. In this essay I highlight the development of the touch-tone keypad as a transformative payment technology. There have been three great leaps forward in the history of telephone interface: the dial, the keypad and the touch screen. Each corresponds to a period of technological transformation in the telephone industry and society more broadly: the rotary dial and automation, touch-tone keypads and digitization, and touch screens and computerization. The successful careers of the dial and the keypad, especially when read in tandem, suggest that touch screens will alter the everyday economics of retail payment even more radically than its predecessors. I also describe a broader trajectory of digital naturalization, whereby telephone numbers have proliferated into a personal identification number, passwords and a plethora of personalized information. Payments increasingly circulate today as subsets of personal information within the vast sea of big data. Payment apps are demonstrating a capacity to reorganize retail transactions on a scale as vast as any technology since the cash register. The history of retail payment finds the point of sale heading from the till into shoppers’ pockets. As a result, consumers are increasingly shouldering the costs of purchasing, maintaining, upgrading and securing the technology used for everyday transactions.     

The European delay in transition to parenthood: the Italian case

A delay in the transition to parenthood is common to all European countries, but Mediterranean and North European young people follow different pathways of transition to adulthood, which are described in the article. Since 2003, we have conducted four social inquiries in Italian urban contexts involving male and female young people with and without children and the article is therefore focused on Italy. The principal purpose of this research programme is to interpret the determinants of the Italian phenomenon of delaying the birth of the first child. The interpretative axes for conceptualizing the problem are intergender and intergenerational comparisons. In particular, the results of these inquiries indicate that in Italy the delay of the parenthood transition is linked to the policy-makers' ‘delay’ in realizing that the decision to postpone having children is not strongly linked to any ‘crisis of family values’. The real problem is that since the beginning of the twentieth century, the present younger generation is the first to suffer from a general decrease in social opportunities as compared with the previous one. The mechanism is illustrated by Bourdieu: the new generation's members continue to form their life expectations on the basis of their parents' situations without considering the changes in conditions (e.g. inflation of study titles) that restrict their access to social resources. According to our results, the delay in the assumption of the parental role is an unintentional effect of a set of intentional actions aimed at creating and consolidating life conditions supporting self-realization. ‘Delayers’ continually try to resist the distressing sensations of precariousness, instability, vulnerability and uncertainty recognized by influential sociologists as distinctive features of contemporary life. Consequently, the delay in the family-building process takes on an active connotation: the attempt is to fill the gap in life chances related to gender and generational memberships. The last part of the article is dedicated to a comparison of European countries' social policies in support of parenthood.     

Unaliasing of aliased line component frequencies

This paper is concerned with undoing aliasing effects, which arise from discretely sampling a continuous‐time stochastic process. Such effects are manifested in the frequency‐domain relationships between the sampled and original processes. The authors describe a general technique to undo aliasing effects, given two processes, one being a time‐delayed version of the other. The technique is based on the observations that certain phase information between the two processes is unaffected by sampling, is completely determined by the (known) time delay, and contains sufficient information to undo aliasing effects. The authors illustrate their technique with a simulation example. The theoretical model is motivated by the helioseismological problem of determining modes of solar pressure waves. The authors apply their technique to solar radio data, and conclude that certain low‐frequency modes known in the helioseismology literature are likely the result of aliasing effects. The Canadian Journal of Statistics 38: 116–135; 2010 © 2010 Statistical Society of Canada     

A diagnostic statistic for functional-coefficient autoregressive models

In this paper, functional coefficient autoregressive (FAR) models proposed by Chen and Tsay (1993) are considered. We propose a diagnostic statistic for FAR models constructed by comparing between parametric and nonparametric estimators of the functional form of the FAR models. We show asymptotic properties of our statistic mathematically and it can be applied to the estimation of the delay parameter and the specification of the functional form of FAR models.     

Surveillance of the interaction parameter of the ising model

Surveillance to detect changes of spatial patterns is of interest in many areas such as environmental control and regional analysis. Here the interaction parameter of the Ising model, is considered. A minimal sufficient statistic and its asymptotic distribution are used. It is demonstrated that the convergence to normal, distribution is rapid. The main result is that when the lattice is large, all approximations are better in several respects. It is shown that, for large lattice sizes, earlier results on surveillance of a normally distributed random variable can be used in cases of most interest. The expected delay of alarm at a fixed level of false alarm probability is examined for some examples.