司法判例实证分析“药神案”的法律适用问题

由于境外药品审批的滞后性及患者经济负担等原因,代购未经批准进口的境外原研药及仿制药现象在我国客观存在,一旦进入公诉机关视野成为备受瞩目的“药神案”,往往要在市场秩序与患者生命健康权之间相平衡。新修订的《药品管理法》回归药品实效性,将“未经批准进口的药品”排除在“假药”范畴外,使得此类行为不再构成销售假药罪,但这并不意味着进口、销售未经批准的药品完全合法化,其仍可构成行政违法,甚至刑事犯罪。在总结裁判文书网公布的相关案例基础上,通过实证分析进一步探究此类案件的法律适用,以期实现司法裁判的统一。     

A call for a statement of expectations for the global information infrastructure

This paper considers the relationship between ethics, technology and law, and the roles and limitations each has in this relationship. It argues that ethics has the key role in establishing a resilient, comprehensive and sensitive information infrastructure. It puts forward a Bill of Rights and Responsibilities for the electronic community.

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De l’opportunité d’une nouvelle loi sur la fin de vie ?

This paper deals with the end of life issue. It advocates for putting the legislation about end of life a part from bioethics laws and addresses some legal problems.     

A new exodus? Explaining Jewish migration from Europe after the Cold War

Why are European Jews migrating to Israel in significant numbers? Israeli leaders and popular press reports suggest that incidents of antisemitism have reached such high levels across Europe, even in fully democratic countries, that Jews are leaving once again to escape persecution and violence. Others suggest that Jews are migrating for the same reasons other migrants do: for greater economic opportunity. Until now, we have had no way of weighing the relative merit of these claims, hampered by the absence of reliable comparative data on antisemitism in Europe. Leveraging a new dataset compiled by the author, this study tests these competing hypotheses and finds that European Jews migrate because of greater economic opportunity in Israel. While concerns about antisemitism in Europe are at record highs and more Jews are considering moving to Israel than ever before in the post-war era, so far most Jewish migration is to take advantage of better economic opportunities in Israel.     

Weber's Law influences numerical representations in rhesus macaques (Macaca mulatta)

We present the results of two experiments that probe the ability of rhesus macaques to match visual arrays based on number. Three monkeys were first trained on a delayed match-to-sample paradigm (DMTS) to match stimuli on the basis of number and ignore continuous dimensions such as element size, cumulative surface area, and density. Monkeys were then tested in a numerical bisection experiment that required them to indicate whether a sample numerosity was closer to a small or large anchor value. Results indicated that, for two sets of anchor values with the same ratio, the probability of choosing the larger anchor value systematically increased with the sample number and the psychometric functions superimposed. A second experiment employed a numerical DMTS task in which the choice values contained an exact numerical match to the sample and a distracter that varied in number. Both accuracy and reaction time were modulated by the ratio between the correct numerical match and the distracter, as predicted by Weber's Law.     

Sequential analysis of visual habituation in preschool children

The study breaks down the data from a preschool (mean age of students, 63 months) visual habituation experiment using a second-by-second analysis of the entire process, including fixation time and onsets for habituation and recovery trials and for each intertrial interval. The results parallel those suggested by Cohen, DeLoach, and Rissman (Child Development, 1975, 46, 611–617), for infants and are described using a two-process model of visual attention.     

《管子》中"礼法并用"的再探讨

《管子》所代表的"齐法家",较之以商鞅、韩非为代表的"晋法家",其最大的特色就是其中儒法结合的倾向。学界将这个特点称之为"礼法并用"。在本文中,从人性论基础、治理方式和"道统"观三个角度入手,认为《管子》中言"礼",很大程度上是从综合手段的意思上来说的,以教为本的意思不强。在这一点上,与先秦儒家的"礼"是有着根本性差别的,因此两者之间并不能简单的对等起来。较为准确的认识,应该是"礼治"与"法治"并存于以法为本的政治体系当中。     

Nanotechnology Bound: Evaluating the Case for More Regulation

In continuing news, there is a growing debate on whether current laws and regulations, both in the US and abroad, need to be strengthened as they relate to nanotechnology. On one side, experts argue that nanomaterials, which are making their way into the marketplace today, are possibly harmful to consumers and the environment, so stronger and new laws are needed to ensure they are safe. On the other side, different experts argue that more regulation will slow down the pace of business and innovation in nanotechnology, or that self-regulation is the answer, or other opposing positions. This paper will draw out the core issues behind the debate and explain that there is more at stake than merely environmental, health and safety (EHS) worries or business interests, as it first appears. We will also suggest an alternative solution to stricter laws, since stricter laws would face formidable practical challenges, even if they are warranted.     

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The logistics of choice

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