论电子商务法基本原则

电子商务法学界对电子商务法基本原则的认识仍存在种种分歧和不足.技术中立原则只是民法平等原则的细化,不能成为电子商务法基本原则.在梳理国内现有理论研究并汲取合理成分的基础上,以法律基本原则的原理为基础,从电子商务法解决的核心问题是在非面对面交易环境中,如何确保当事人能够获得商品和价款出发,提出电子商务法基本原则是安全原则.功能等同是判定利用新型信息技术所实施的法律行为有效与否的标准,是安全原则的重要外延和具体化.安全原则要求第三方电子商务平台针对平台内发生的第三方侵权行为负有合理的注意义务.在安全原则指引下,技术中立非绝对,应包含国家安全等例外规则.     

Women with disabilities and their lived experiences of physical,psychological and sexual abuse in Croatia

This research aims to generate a better understanding of the abuse of women with disabilities through a qualitative study with 28 women with disabilities in five towns in Croatia. The results show that more than half of the research participants had experienced physical, psychological and sexual abuse, and financial exploitation. Participants stressed the need for education and empowerment of women with disabilities as well as better training for professionals and ensuring that a formal support system is available in every local community. The role of social workers in emerging countries like Croatia needs to include developing individual, group and community support for women with disabilities and raising public awareness of the abuse and violence shown towards women with disabilities through political and community networks and events.     

An Adaptive Functional Autoregressive Forecast Model to Predict Electricity Price Curves

We propose an adaptive functional autoregressive (AFAR) forecast model to predict electricity price curves. With time-varying operators, the AFAR model can be safely used in both stationary and nonstationary situations. A closed-form maximum likelihood (ML) estimator is derived under stationarity. The result is further extended for nonstationarity, where the time-dependent operators are adaptively estimated under local homogeneity. We provide theoretical results of the ML estimator and the adaptive estimator. Simulation study illustrates nice finite sample performance of the AFAR modeling. The AFAR model also exhibits a superior accuracy in the forecast exercise of the California electricity daily price curves compared to several alternatives.     

Uniform in bandwidth consistency for various kernel estimators involving functional data

The paper investigates various nonparametric models including regression, conditional distribution, conditional density and conditional hazard function, when the covariates are infinite dimensional. The main contribution is to prove uniform in bandwidth asymptotic results for kernel estimators of these functional operators. Then, the application issues, involving data-driven bandwidth selection, are discussed.     

NDIS Self‐Management Approaches: Opportunities for choice and control or an Uber‐style wild west?

This article examines the emerging challenges and opportunities presented by self‐management options in Australia's National Disability Insurance Scheme (NDIS). We examine the three different ways in which NDIS participants can opt to self‐manage their funding and services, including direct employment and emerging Uber‐style online platforms, and explore the potential implications of these options for NDIS participants, service providers and the disability support workforce. In particular, we focus on these options in relation to the transition to a marketised services landscape being developed alongside the NDIS, and examine both the risks and opportunities for each stakeholder group. Through this analysis, we identify implications for policy and practice, in particular around regulatory mechanisms and the role of government within this emerging market economy and transforming service landscape.     

Deaf studies meets autistic studies

What might deaf studies and autistic studies have in common? Why, in many cases, is deafness considered to be a norm to be analyzed through linguistic and cultural frameworks, while autism is (still) seen as pathological? Utilizing ethnographic research, participation in two conferences on autism and sign language, and an analysis of deaf peoples’ and autistic peoples’ self-(re)presentation, we attend to sensory solidarities that might exist between deaf and autistic people, communities, and studies. We argue that an analysis of the two fields side-by-side offers important insights into new ways of conceptualizing sociality, identity, and community both in the specific cases of deafness and autism, and more broadly. Additionally, attending to deaf and autistic peoples’ language and communication desires and practices opens up analytic and empirical space for considering interdependent and multimodal communicative approaches.     

Disability,personalisation and community arts: exploring the spatial dynamics of children with disabilities participating in inclusive music classes*

This paper uses personalisation and the capabilities approach to explore inclusive music classes for children with disabilities in Scotland. It provides a unique insight into the impact of participation through the voices of the disabled young musicians, their parents and tutors. The study highlights the power of inclusive spaces to transform lives, to build confidence and contest disabled identities. It engages in the spatial dynamic of opening up inclusive spaces, as well as exposing emerging tensions in the liminal space that is created through movement between safe and supported spaces and the antithesis, spaces that disempower and marginalise. The findings suggest good practice around personalisation, when conceived of from a social justice perspective, as a template for working with other marginalised groups and in other professional settings.     

Precarious lives and resistant possibilities: the labour of people with learning disabilities in times of austerity

This paper draws on feminist and queer philosophers? discussions of precarity and employment, too often absent from disability studies, to explore the working lives of people with learning disabilities in England in a time of austerity. Recent policy shifts from welfare to work welcome more disabled people into the job market. The reality is that disabled people remain under-represented in labour statistics and are conspicuously absent in cultures of work. We live in neoliberal-able times where we all find ourselves precarious. But, people with learning disabilities experience high levels of uncertainty in every aspect of their lives, including work, relationships and community living. Our research reveals an important analytical finding: that when people with learning disabilities are supported in imaginative and novel ways they are able to work effectively and cohesively participate in their local communities (even in a time of cuts to welfare). We conclude by acknowledging that we are witnessing a global politics of precarity and austerity. Our urgent task is to redress the unequal spread of precaritization across our society that risks leaving people with learning disabilities experiencing disproportionately perilous lives. One of our key recommendations is that it makes no economic sense (never mind moral sense) to pull funding from organisations that support people with intellectual disabilities to work.     

Personal sacrifice and corporate cultures: career progression for disabled staff in higher education

Disabled people are under-represented in higher education (HE), especially in senior posts. This article reports research on the perspectives of career progression into leadership held by disabled staff in one post-1992 university. Findings indicated that some participants were already engaged in leadership or aspired to such roles, and reported positive experiences. However, participants also experienced barriers to progression, including a lack of awareness of equality and diversity among managers and colleagues, inadequate professional development opportunities and the competitive organisational culture of management that could impact on their health and work–life balance. We conclude that disabled staff in HE do not yet have equal opportunities for progression into leadership roles compared with their non-disabled peers. There is a need for realignment of the culture of leadership and management to make it more compatible with the full inclusion of disabled staff in HE such that their unique contributions are valued.     

Learning disabled students and access to accommodations: socioeconomic status,capital, and stigma

In the 1990s, Canadian universities began implementing policies to accommodate learning disabled students. While such policies appear to make post-secondary education more accessible, students must manage considerable complexity and absorb social and financial costs to receive accommodations. Through interviews with learning disabled students, this research explores the effects of socio-economic status (SES) on how, or whether, students access accommodations at a Nova Scotian university. Drawing on the work of Bourdieu and Goffman, this study suggests that SES affects students’ abilities to navigate the accommodation process successfully, and that accommodation policies, while important, may not ensure equal access to accommodations.