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.     

Constructing Trustworthy Historical Narratives: Criteria,Principles and Techniques

Organizational scholars increasingly recognize the value of employing historical research. Yet the fields of history and organization studies struggle to reconcile. In this paper, the authors contend that a closer connection between these two fields is possible if organizational historians bring their role in the construction of historical narratives to the fore and open up their research decisions for discussion. They provide guidelines to support this endeavor, drawing on four criteria that are prevalent within interpretive organization studies for developing the trustworthiness of research: credibility; confirmability; dependability; and transferability. In contrast to the traditional use of trustworthiness criteria to evaluate the quality of research, the authors advance the criteria to encourage historians to generate more transparent narratives. Such transparency allows others to comprehend and comment on the construction of narratives, thereby building trust and understanding. Each criterion is converted into a set of guiding principles to enhance the trustworthiness of historical research, pairing each principle with a practical technique gleaned from a range of disciplines within the social sciences to provide practical guidance.     

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。     

A Probabilistic Framework for Risk Analysis of Widespread Flood Events: A Proof‐of‐Concept Study

This article presents a flood risk analysis model that considers the spatially heterogeneous nature of flood events. The basic concept of this approach is to generate a large sample of flood events that can be regarded as temporal extrapolation of flood events. These are combined with cumulative flood impact indicators, such as building damages, to finally derive time series of damages for risk estimation. Therefore, a multivariate modeling procedure that is able to take into account the spatial characteristics of flooding, the regionalization method top‐kriging, and three different impact indicators are combined in a model chain. Eventually, the expected annual flood impact (e.g., expected annual damages) and the flood impact associated with a low probability of occurrence are determined for a study area. The risk model has the potential to augment the understanding of flood risk in a region and thereby contribute to enhanced risk management of, for example, risk analysts and policymakers or insurance companies. The modeling framework was successfully applied in a proof‐of‐concept exercise in Vorarlberg (Austria). The results of the case study show that risk analysis has to be based on spatially heterogeneous flood events in order to estimate flood risk adequately.     

Sexual agreements and intimate-partner violence among male couples

Objectives: In the United States, HIV continues to disproportionately affect men who have sex with men. One promising area of research that may inform the development of behavioral interventions among male–male couples is within the realm of sexual agreements. Methods: The purpose of our analysis was to determine whether respondents who report having an open agreement or an agreement breakage also report a higher incidence of recent (within the previous 12 months) intimate-partner violence (IPV) compared to respondents who report having a monogamous agreement or no agreement breakage after controlling for demographic variables. Results: Results showed that men who have an open agreement are less likely to report recent physical IPV. Conclusions: The results highlight the need to develop dyadic behavior interventions that address sexual agreements and stress management.     

Embracing Indeterminacy: On Being a Liminal Professional

The rise of the corporate profession has contributed to a more varied and ambiguous professional terrain that is increasingly seen to be indeterminate and fluid. This paper advances the current debate around the development of corporate professions, exploring how practitioners respond to this environment. Drawing on research with public relations practitioners, the paper shows how the idea of being a liminar facilitates the formation of a professional identity in conditions of high indeterminacy. In taking an individual level of analysis of professions, the paper suggests that indeterminacy is a more resonant feature for corporate professionals than previously suggested in the research, but that this indeterminacy is navigated in professional identity construction through ‘being a liminar’, and thus greater nuance may need to be recognized in the conceptualization of both corporate professions and corporate professionalization. It also demonstrates the use of liminality as a discursive resource in identity construction and with it, challenges the common association of liminality with self‐doubt and existential anxiety. In turn, the paper considers the implications of the liminal professional identity for the future of contemporary professions, and for understanding the liminal experience.     

The Welfare State as Safety Net in Migration Preferences: Empirical Evidence from an Experiment Among Dutch Master Students

Population Research and Policy Review - The welfare state can be perceived as a safety net which helps individuals adjust to situations of risk or transition. Starting from this idea of the welfare...     

A pixel level evaluation of five multitemporal global gridded population datasets: a case study in Sweden, 1990–2015

Population and Environment - Human activity is a major driver of change and has contributed to many of the challenges we face today. Detailed information about human population distribution is...