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.     

Re‐framing the Analysis: A 3‐dimensional Perspective of Prisoners’ Children's Well‐being

This article highlights three dimensions to understanding children's well‐being during and after parental imprisonment which have not been fully explored in current research. A consideration of ‘time’ reveals the importance of children's past experiences and their anticipated futures. A focus on ‘space’ highlights the impact of new or altered environmental dynamics. A study of ‘agency’ illuminates how children cope within structural, material and social confines which intensify vulnerability and dependency. This integrated perspective reveals important differences in individual children's experiences and commonalities in broader systemic and social constraints on prisoners’ children. The paper analyses data from a prospective longitudinal study of 35 prisoners’ children during and after their (step) father's imprisonment to illustrate the arguments.     

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。     

Inferences on the Means of Two Log-Normal Distributions: A Computational Approach Test

In this article, we propose a novel approach for testing the equality of two log-normal populations using a computational approach test (CAT) that does not require explicit knowledge of the sampling distribution of the test statistic. Simulation studies demonstrate that the proposed approach can perform hypothesis testing with satisfying actual size even at small sample sizes. Overall, it is superior to other existing methods. Also, a CAT is proposed for testing about reliability of two log-normal populations when the means are the same. Simulations show that the actual size of this new approach is close to nominal level and better than the score test. At the end, the proposed methods are illustrated using two examples.     

A new long-term survival model with dispersion induced by discrete frailty

Lifetime Data Analysis - Frailty models are generally used to model heterogeneity between the individuals. The distribution of the frailty variable is often assumed to be continuous. However, there...     

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.     

Blinded continuous monitoring in clinical trials with recurrent event endpoints

In studies with recurrent event endpoints, misspecified assumptions of event rates or dispersion can lead to underpowered trials or overexposure of patients. Specification of overdispersion is often a particular problem as it is usually not reported in clinical trial publications. Changing event rates over the years have been described for some diseases, adding to the uncertainty in planning. To mitigate the risks of inadequate sample sizes, internal pilot study designs have been proposed with a preference for blinded sample size reestimation procedures, as they generally do not affect the type I error rate and maintain trial integrity. Blinded sample size reestimation procedures are available for trials with recurrent events as endpoints. However, the variance in the reestimated sample size can be considerable in particular with early sample size reviews. Motivated by a randomized controlled trial in paediatric multiple sclerosis, a rare neurological condition in children, we apply the concept of blinded continuous monitoring of information, which is known to reduce the variance in the resulting sample size. Assuming negative binomial distributions for the counts of recurrent relapses, we derive information criteria and propose blinded continuous monitoring procedures. The operating characteristics of these are assessed in Monte Carlo trial simulations demonstrating favourable properties with regard to type I error rate, power, and stopping time, ie, sample size.