14-18世纪东亚大陆的"译学"机构

中国明代四夷馆与朝鲜王朝司译院,在历史的当时,都是官方设立的译学机构,主要目的是培养翻译人才,翻译朝贡国家的往来文书.这两个机构的性质、任务相同,但学制、教学内容又各有侧重.     

垄断协议的司法认定规则研究 ———兼评《关于审理垄断民事纠纷案件适用法律 若干问题的规定（征求意见稿）》的相关规定

垄断协议是各国反垄断法明文禁止的一种典型的垄断行为。由于垄断协议的隐蔽性、灵活性和多样性,司法实践中如何认定垄断协议的存在成为反垄断诉讼中的难题。美国在长期的司法实践中逐渐确立了权利平衡的垄断协议司法认定规则。最高人民法院可以结合我国的反垄断立法,借鉴美国司法实践确立的垄断协议的司法认定规则,进一步完善《关于审理垄断民事纠纷案件适用法律若干问题的规定(征求意见稿)》的相关规定。     

An Overview of and Comments on the Americans with Disabilities Act (ADA)

Abstract

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

Does the Interest Group Choir Really “Sing with an Upper Class Accent?‘

Abstract

Since Schattschneider (1960), several scholars have argued that the least powerful groups in society will have limited access to the governmental arena; the bias inherent in the system will largely prevent those lacking in power from attaining many of their policy preferences. Yet race and gender-based groups, two of the least powerful groups in society, have been relatively successful in getting some of their demands turned into policy.     

Seventeenth-Century Pronk Poppenhuisen: Domestic Space and the Ritual Function of Dutch Dollhouses for Women

ABSTRACT

A number of pronk poppenhuisen, or “dollhouses for show” were commissioned in the seventeenth- and eighteenth-century Netherlands for adult women. The large wooden cabinets with multiple partitioned spaces construct a fully furnished Dutch home in miniature, complete with dolls representing family, servants, and pets. The dollhouses have been primarily regarded as sophisticated collections enjoyed by elite female connoisseurs. This study will investigate the surviving dollhouses of Petronella de la Court, Petronella Dunois, and Petronella Oortman as complex didactic objects that prescribed an ideal domestic identity for Dutch mothers and wives in the early modern Netherlands, in part through a three-dimensional structure that encouraged a tactile, physically interactive relationship with the viewer. Manipulation of the dolls within selective, gendered architectural spaces allowed the dollhouse owners to visualize the ideal Dutch home and “perform” their appropriate role within it as productive, disciplined, and orderly wives, mothers, and domestic managers.     

论地图在国际法院解决领土争端中的证明价值——析地图证据之于钓鱼岛列岛争端

通常,国际法院在解决领土争端的过程中,仅将地图和其他图表资料作为补强证据,并不视为一国取得领土主权的权原.但是,如果地图成为解决领土边界条约不可分割的一部分,或者对另一方产生承认、默认或禁止反言之效果,充分体现当事国之间确定的意图,那么对争议领土的主权归属的判定则具有不可反驳的推定作用,等同于法律权利.而且,与私人绘制的地图相比,一般来源于官方、相反利益方、第三方以及中立机构的地图证明价值较大.根据国际法院适用的证据分量大小比较规则,通过对中国、日本和第三方绘制的早期地图证明价值的分析,我国对钓鱼岛列岛享有无可辩驳的历史主权.     

Leadership behavior and employee well-being: An integrated review and a future research agenda

Leadership behavior has a significant impact on employee behavior, performance and well-being. Extant theory and research on leadership behavior, however, has predominantly focused on employee performance, treating employee well-being (typically measured as job satisfaction) as a secondary outcome variable related to performance, rather than as an important outcome in and of itself. This qualitative state of the science review examines the process by which leadership behavior (i.e., change, relational, task, passive) affects employee well-being. We identify five mediator groupings (social-cognitive, motivational, affective, relational, identification), extend the criterion space for conceptualizing employee well-being (i.e., psychological: hedonic, eudaimonic, negative; and physical), examine the limited evidence for differential processes that underlie the leader behavior-employee well-being relationship and discuss theoretical and methodological problems inherent to the literature. We conclude by proposing a theoretical framework to guide a future research agenda on how, why and when leadership behavior impacts employee well-being.     

论建立国际刑事法院的法律意义

《罗马规约》的通过及国际刑事法院的建立 ,与《联合国宪章》正义、和平的基本精神一脉相承。在国际社会经济一体化的发展趋势下 ,《罗马规约》为国际化法治进程提供了发展契机。对于惩治已然犯罪的实然性、威慑未然犯罪的应然性方面 ,新诞生的国际刑事法院作为国际特设刑事法庭缺失的弥补 ,会成为国际社会惩治严重国际犯罪的最佳法律武器。     

Children Born of Sexual and Gender‐Based Violence in Conflict: The International Criminal Court,Ecological Environments and Human Development

Children born of sexual and gender‐based violence in conflict have slowly gained international attention, even featuring in international criminal justice processes, such as those at the International Criminal Court (ICC). These children suffer unique harms due to the circumstances surrounding their birth, with a burgeoning literature documenting the long‐term and multigenerational impact on their development. This article contributes to this existing literature by applying Bronfenbrenner's ecological model of human development to ICC responses to these children, yielding a more nuanced understanding of the ICC as part of the ecological environment in which child development occurs.