Supply chain financing guaranteed by third-party logistics firms is an effective way to solve the financing difficulties of small and medium-sized enterprises. Studies have explored factors that affect the willingness of supply chain financial credit providers under guarantee of 3PL firms. However, whether the scale of 3PL firms will affect the bank’s credit decision has not been studied, as well as the neural processing of credit decisions. To clarify these issues, this study extracted behavioral and event-related potentials data when participants (...) performed a selection task of judging whether to grant credit to guaranteed financing-seeking enterprises according to the large or small scale of the 3PL guaranteeing firms. The behavioral results showed that under the condition of a large-scale 3PL guaranteeing firm, the willingness to provide credit to SMEs was higher than that under the condition of a small-scale 3PL guaranteeing firm. This finding indicates there was credit scale discrimination against 3PL guaranteeing firms in supply chain finance. The ERP results showed that compared with the condition of a large-scale 3PL guaranteeing firm, a greater N2 amplitude was induced under the condition of a small-scale 3PL guaranteeing firm, which indicated that credit decision makers experienced greater perceived risk and more decision-making conflict. In contrast, a larger LPP amplitude was detected under the condition of a large-scale 3PL guaranteeing firm, which indicated that large-scale 3PL guaranteeing firms received more positive comments and more positive emotions from credit decision makers than small-scale 3PL guaranteeing firms. Based on these results, this study reveals the cognition process of credit decision makers regarding the impact of the 3PL guaranteeing firm scale on the willingness to provide credit in supply chain finance and explains the theory of credit scale discrimination from the perspective of decision neuroscience. (shrink)

BackgroundIn the early days of COVID-19 outbreak, the normally orderly health system was severely challenged by large numbers of feverish patients and shortage of healthcare workers. The outbreak played a harmful role in the mental health of these healthcare workers.ObjectiveWe aim to assess the prevalence of moderate or severe anxiety and depression symptoms of healthcare workers in different regions during COVID-19 disaster and identify the potential risk factors.MethodsWe did a cross-sectional study on ADS of healthcare workers in epicenter-Hubei province and (...) regions in lower epidemic-other provinces by questionnaire online. The data of ADS, the demographic characteristics, occupational exposure, physical condition, family situation, and coping styles were collected and analyzed.ResultsA total of 24.68% of the respondents had experienced moderate or severe ADS. Moderate or severe ADSs were in a higher prevalence in Hubei than other provinces. Suspicious symptoms on their own and in family members were independent risk factors of moderate or severe ADS of all health workers. Working on the frontline was the independent risk factor for participants in Hubei province, whereas quarantine was the independent risk factor for those in other provinces. Moreover, among all participants, those with negative coping style were more than four times more likely to have moderate or severe ADS than those with positive coping style.ConclusionModerate or severe ADSs were in a higher prevalence in healthcare workers of Hubei province during COVID-19 outbreak. The coping style may have major impact on ADS in such situation. (shrink)

The current study aims to compare compliance with the COVID-19 prevention guidelines among citizens from 13 districts in Wuhan and to explore the influence of individual-level psychological factors and district-level factors on compliance. A total of 811 participants from 13 districts in Wuhan were invited to complete surveys regarding demographics, psychosocial factors and compliance with epidemic prevention guidelines. Individual-level characteristics were combined with district-level measures to create multilevel predictive models of compliance with prevention guidelines, and used the Hierarchical Linear Model (...) to analyze the data. Findings revealed that there were significant differences in the compliance of citizens from 13 districts of Wuhan. Hierarchical linear model analysis revealed that the risk factors case growth rate, COVID-19-related perceived stress, anxiety, significantly negatively predicted compliance. Hope and conscientiousness significantly positively predicted compliance with prevention guidelines, and the negative predictive effect of anxiety disappeared. Overall, we found significant differences in compliance with prevention guidelines among different districts. Risk factors at the individual level have had a negative impact on individuals’ compliance with prevention guidelines, but this impact can be mitigated by the positive role of personal protective factors such as conscientiousness and hope. (shrink)

This corpus-assisted critical discourse analysis of news reports on air pollution published from 2008 through 2015 by China Daily, China’s largest official English-language newspaper, reveals a significant attitudinal shift around the end of 2011 as regards public awareness of increasing air pollution levels in China and related public criticism. It also constructs a clear image of the increasing determination and resolve of the Chinese central government over the course of this 8-year period to take action to effectively reduce air pollution. (...) This study highlights the submissive role played by the official Chinese press in their reporting on air pollution under the strict censorship system of the Communist Party of China, as well as the socio-political role that international sporting events such as the 2008 Beijing Olympic Games and the 2010 Guangzhou Asian Games played in raising both public and governmental awareness of environmental issues. (shrink)

Liberal market states promote the responsible consumption of potentially dangerous commodities. But the work of enforcing sumptuary law is in fact delegated to service employees in the private sector. In this article such work is termed sumptuary labor. Although the ability of states to privatize sumptuary enforcement is a remarkable accomplishment, it is by no means a seamless one. Drawing on ethnographic fieldwork among bartenders and casino dealers, the article elaborates patterned conflicts of interest that arise during the performance of (...) sumptuary labor. Both firms and workers may fail to ensure eligibility for consumption, prevent overindulgence, or guarantee the purity of the problematic commodity. The article concludes by theorizing how liberal market states manage the potential decoupling of sumptuary policy and practice. (shrink)

First published in 1974. Despite the tendency of contemporary analytic philosophy to put logic and mathematics at a central position, the author argues it failed to appreciate or account for their rich content. Through discussions of such mathematical concepts as number, the continuum, set, proof and mechanical procedure, the author provides an introduction to the philosophy of mathematics and an internal criticism of the then current academic philosophy. The material presented is also an illustration of a new, more general method (...) of approach called substantial factualism which the author asserts allows for the development of a more comprehensive philosophical position by not trivialising or distorting substantial facts of human knowledge. (shrink)

Wang Yi’s article deals with the role of house churches, that is, unregistered churches. In his evaluation of the different branches of house churches Wang Yi touches upon issues of identity and the future of China, and he also harshly criticizes the Chinese party-state, claiming that “China is becoming a tumor in the world.”.

In lieu of an abstract, here is a brief excerpt of the content:476 Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. Wang Zheng Detention of the Feminist Five in China On March 6 this year, just before International Women’s Day, the Chinese police in Beijing arrested five young women who had engaged in activism to protest sexual harassment on public transportation. The month-long detention of these five young feminists has changed the landscape of Chinese feminism. The (...) global feminist mobilization that emerged to appeal for their release also presents a fascinating example of a successful feminist response to authoritarianism. In this short piece, I open with a few personal snapshots to briefly illustrate the history of Chinese feminist engagement with sexist sexual norms. Next, I will situate the five young feminists’ actions within this historical context in order to illustrate significant changes in Chinese feminist practices as well as in Chinese society. Finally, I will discuss the political implications of the detention of the so-called Feminist Five as well as the global mobilization for their release. In 1985 I came from Shanghai to study US history at the University of California, Davis. I made quite a few American friends in the graduate program. They were very curious about my life in China, and I was very proud of being a liberated woman from socialist China. I acted like an ambassador, talking to different groups about the great accomplishments of women’s liberation under socialism in China. As a young, urban woman I enjoyed equal education, equal employment, equal pay, and equal opportunity for promotion. I had never experienced gender News and Views 477 inequality, I thought. One day I was telling my friends about how I once confronted a thief who had just snatched my wallet on a crowded bus in Shanghai and how I forced him to drop my wallet. My friends were very impressed: “Wow! You were so brave,” they said. A few days later, I happened to mention that on the same crowded Shanghai buses, men would frequently grope women, and my friend asked instantly, “How did you respond to them?” I replied without thinking, “What could I do? I just tried my best to move to another spot to avoid such rascals.” My friend then raised a question that shattered my self-perception as a brave and liberated woman: “Why did you dare to confront a thief but not a sexual harasser?” I answered, “Oh, I would be so ashamed if people around me noticed.” Immediately, I realized that my reply was highly problematic. That conversation set in motion a process of soul searching. Why would a liberated woman still continue to observe the patriarchal value of chastity? Why would women of my generation—the liberated Chinese women in socialist China—have no consciousness of the serious problems contained within these sexual norms? It was not only a personal reflection. From this point, I embarked on a long review and contemplation of women’s liberation in socialist China. I realized that in the realm of sexuality, while state feminists were able to transform the sexual double standard to a single standard for the general public (although some top male leaders continue double standards and engage in extramarital sexual relationships without being punished), puritanical sexual morality did not shake deeply entrenched masculinist cultural values of women’s chastity and virginity. As a result, a liberated woman such as myself could internalize such sexist values with no consciousness, let alone action, focused on changing such sexist culture. In 1992, I attended a conference by the Shanghai Women’s Federation. When a US feminist scholar asked if there were any cases of sexual harassment in China, the Chinese women participants all replied, “No, no, we don’t have sexual harassment.” I stood up and named things that happened to women every day on Shanghai buses as sexual harassment. By then I had long been empowered by my study of feminist history and theories. In 1995, at the NGO forum at the Fourth UN Conference on Women held in Beijing, feminists from inside and outside China openly challenged pervasive sexist sexual norms. Sexual violence and sexual harassment were clearly defined as violations of women’s human rights... (shrink)

Despite a long history in eastern and western culture of defining leadership in terms of virtues and character, their significance for guiding leader behavior has largely been confined to the ethics literature. As such, agreement concerning the defining elements of virtuous leadership and their measurement is lacking. Drawing on both Confucian and Aristotelian concepts, we define virtuous leadership and distinguish it conceptually from several related perspectives, including virtues-based leadership in the Positive organizational behavior literature, and from ethical and value-laden leadership. (...) Then, two empirical studies are presented that develop and validate the Virtuous Leadership Questionnaire, an 18-item behaviorally based assessment of the construct. Among other findings, we show that the VLQ accounts for variance in several outcome variables, even after self-assessed leader virtue and subordinate-rated social and personalized leader charisma are controlled. (shrink)

Cet article retrace les changements intervenus au sein du militantisme féministe chinois dans un climat de détérioration politique deux décennies après la Quatrième Conférence mondiale sur les femmes (QCMF) en 1995. Il met en lumière les actions novatrices menées par les jeunes féministes, de même que l’intense surveillance qu’exerce, sur le militantisme organisé, un État totalitaire qui craint de perdre son pouvoir. Bien que la sphère publique et le cyber espace ne laissent guère beaucoup de place à l’activisme, les féministes (...) chinoises se sont mobilisées pour continuer d’expérimenter de nouvelles façons d’exiger l’égalité de genre et de poursuivre des transformations sociales et culturelles. (shrink)

The force of globalization has greatly challenged people’s conceptualization of national identity. The traditional definition of national identity as being distinct, stable and generated by such internal factors as ethnic, religion, citizenship and so on, has been replaced by the understanding that national identity is invested with more dynamic and complex features and is actually constructed differently in different situations. By following Van Dijk’s socio-cognitive perspective in critical discourse analysis and drawing on the 47 news reports collected on the websites (...) of People’s Daily Online and Xinhuanet, this study explores how China’s national identities are negotiated in its news reports of the Sino-US trade war. It is found that China’s news reports have constructed three types of Sino-US relations, namely, antagonistic, negotiatory and cooperative relations. Out of these relations, China has been constructed as victim of the trade war, defender of free trade, driver for negotiations and beneficiary of mutual cooperation. The construction of these identities and relations is realized through constructive, destructive, justification and transformation strategies. It is further found that the diversity of both China’s national identities and Sino-US relations in China’s news reports is the result of the political, social and economic differences between the two countries. (shrink)

Research on abusive supervision is imbalanced in two ways. First, with most research attention focused on the destructive consequences of abusive supervision, there has been relatively little work on subordinate-related predictors of perceptions of abusive supervision. Second, with most research on abusive supervision centered on its main effects and the moderating effects of supervisor-related factors, there is little understanding of how subordinate factors can moderate the main effects of perceptions of abusive supervision on workplace outcomes. The current study aims to (...) advance knowledge of the roles of subordinates in the formation of and reactions to perceptions of abusive supervision. Specifically, based on victim precipitation theory, the authors examined subordinates’ personality traits and self-reports of task performance as antecedents of perceptions of abusive supervision. The results show that subordinates high in neuroticism or low in conscientiousness had high levels of perceived abusive supervision partially through their self-reported deleterious job performance. In addition, the authors investigated the moderating effect of subordinates’ personality on the relationship between perceptions of abusive supervision and subordinates’ interpersonal deviance. Consistent with trait activation theory, subordinates low in both agreeableness and extraversion were more likely to engage in deviant behaviors in response to perceptions of abusive supervision than subordinates high in either or both agreeableness and extraversion. (shrink)

The goal of this paper was to investigate whether and how a firm that engages in different kinds of corporate social performance can create a favorable corporate reputation among its stakeholders, and as a result achieve a good financial performance. Building on stakeholder theory, we distinguish two types of reputation—reputation among public stakeholders and reputation among financial stakeholders. We argue that CSP activities affect these two reputations differently. In addition, we empirically test the relationship among different types of CSP, reputation (...) among public and financial stakeholders, and financial performance. Our results suggest that Carroll’s four types of CSP affect financial performance differently, and their effects are mediated by reputation among public and financial stakeholders. Our findings provide guidelines for managers on choosing to emphasize certain CSP aspects in their communication, depending on the specific stakeholder group they are targeting. (shrink)

This study examined the relationships of perceived ethical leadership, workplace jealousy, and organizational citizenship behaviors directed at individuals and organizations. Survey responses were collected from 491 employee-coworker pairs from 33 hospitals in Taiwan. The employees provided assessments of their perceived ethical leadership and the workplace jealousy they experienced, while the coworkers provided information about the employees’ OCBI and OCBO. In the hypotheses testing, perceived ethical leadership was found to be negatively related to employees’ workplace jealousy and jealousy was negatively related (...) to their OCBI and OCBO. Workplace jealousy partially mediated the effect of ethical leadership on OCBI and OCBO. In addition, perceived ethical leadership was found to have a moderation effect on the jealousy-OCBI/ocbo relationship. This study contributes to the literature of ethical leadership as well as to the literature of OCB by relating workplace jealousy to OCB and by making sense of the effects of ethical leadership on OCB through the mediation of jealousy and through the moderation of ethical leadership on the jealousy-OCB relationship. (shrink)

According to the reports in the past decade, some Asian subcontractors, mainly Taiwan, Hong Kong and Korea transnational corporations, tend to be labor abusive in their overseas investment destinations like China or Southeast Asia. Taking Vietnam as an example, this paper raises questions as to why Taiwanese transnational companies can control workplace unions in a trade-union-supportive regime. Given the government s constraint of political rights, and the individualized workplace unions, the function of trade unions in Vietnam is destined to be (...) limited. The trade unions turn out be an arm of management, rather than representing workers interests in these transnational companies. This article also explores the influence of the newly developed codes of conducts from Western buyers. In the survey of three companies which are required to follow the codes of conduct by buyers, trade unions had no more freedom than those in companies without codes of conduct. The paper discusses the implications of this research, offering strategies for labor rights improvements. (shrink)

This study examines the relation of ethical leadership with loyalty to supervisor, as well as mediating and moderating variables of this relation by proposing a moderated mediation model. Specifically, we employed time-lagged research design to collect two waves of data from 395 supervisor-subordinate dyads in 74 teams, and used multilevel structural equation modeling to test the moderated mediation model. Results indicated that ethical leadership was positively related to loyalty to supervisor, interactional justice mediated the relationship between ethical leadership and loyalty (...) to supervisor, and collectivistic orientation moderated the relationship between ethical leadership and interactional justice. Moreover, collectivistic orientation moderated the strength of the indirect effect of ethical leadership on loyalty to supervisor, and the mediated relationship was stronger for high collectivistic subordinates than for low collectivistic subordinates. Theoretical and practical implications and future research directions were discussed. (shrink)

We examine whether investors value the disclosure of first-time standalone corporate social responsibility reports, and whether market valuations differ between government-controlled and privately controlled firms. Using a matched sample of Chinese publicly listed firms, we find that CSR initiators have higher market valuations than matched CSR non-initiators, and CSR initiators controlled by the central and local governments have lower market valuations than CSR non-initiators and CSR initiators controlled by private shareholders. Additional analyses demonstrate that CSR initiators with high CSR reporting (...) quality and perceived credibility have higher market valuations than CSR initiators with low CSR reporting quality and medium or low perceived credibility of CSR reporting. We do not find convincing evidence that CSR mandate, litigation risk, and prior stock returns affect market reactions to CSR reporting. Overall, we find that the market values standalone CSR reports, and that CSR reporting quality and perceived credibility are important factors in market valuation. (shrink)

The idea of conducting “upstream public engagement,” using nanotechnology as a test case, has been subject to criticism for its lack of any link to the political system. Drawing on the theoretical tools provided by Habermas, this article seeks to explore such a “link”, focusing specifically on the capacity of civil society organizations to distil, raise and transmit societal concerns in an amplified form to the public spheres at the European Union level. Based on content analysis and semi-structured interviews with (...) relevant actors, this article examines the evolution of CSO approaches towards nanotechnology over the past decade and investigates whether and how upstream public engagement could contribute to more vibrant public spheres and facilitate the formation of communicative power. The answer to these questions is twofold: on the one hand, moving public engagement “upstream” enables CSOs to be better informed and to become part of the debates more quickly. A “green alliance” is taking shape, which calls for more stringent regulation on nanomaterials. On the other hand, upstream public engagement has turned out to be unsuccessful in generating substantial and sustained interest. A number of CSOs have quit this field in frustration at the tokenistic engagement and out of fatigue after the intense lobbying battle for Registration, Evaluation, Authorisation and Restriction of Chemicals. (shrink)

Despite the importance of ethical leadership, the impacts of its different facets on firm-level performance are unclear. Drawing on the resource-based view of the firm and the group engagement model, we propose that ethical leadership consisting of leader humane orientation, leader responsibility and sustainability orientation and leader moderation orientation are beneficial to firm performance, and leader justice orientation plays moderating roles. We empirically tested this theoretical framework employing multi-source survey data collected from 264 Chinese firms. The findings reveal that both (...) leader humane orientation and leader responsibility and sustainability orientation have positive influences on both firm financial and social performance, while leader moderation orientation only has positive influence on firm financial performance. In addition, leader justice orientation positively moderates the relationship between leader humane orientation and leader responsibility and sustainability orientation and financial performance as well as the relationship between leader moderation orientation and social performance. These findings provide theoretical and practical implications for understanding how different facets of ethical leadership jointly function to influence firm performance. (shrink)

Due to the development of information technology, music piracy has become an escalating problem. This study attempts to employ the theory of planned behavior (TPB) and the social identity theory to investigate the antecedents of downloading pop music illegally from the Internet, the relationship between the intention to illegally download music and the intention to buy music, and the moderating effects of idolatry. Data were collected from 350 teenagers in Northern Taiwan through questionnaire interviews conducted in city centers where teenagers (...) gather. The results of partial least squares (PLS) analyses reconfirm the explanatory power of the TPB model with regard to the pop music illegal downloading behavior. However, it is interesting to note that the intention to illegally download music does not have a significant influence on the intention to buy music. This finding contradicts our common intuitions. Further analyses also reveal that idolatry moderates the relationship between the intention to illegally download music and the intention to buy music. For teenagers with high idolatry, a higher music downloading intention results in a lower buying intention. One possible explanation is the price of music CDs. Several interviews were also held to verify our results. Implications and a discussion are then provided. (shrink)

This study was conducted to address the concept of higher education curricula and its practice from an ecological perspective. First, the significance of ecology is investigated based on two streams of thought; the ecological concept of the university proposed by Ronald Barnett; and the text, The Three Ecologies authored by the Italian philosopher Félix Guattari. Second, the notion of ecology is explored, and thoughts on the ecological curriculum and its feasibility are elaborated. Third, outcome-based education is currently the predominant curriculum (...) practice applied in higher education. From an ecological perspective, this learning approach is insufficient. Finally, the practices used for achieving an ecological connection of curricula in higher education are discussed with particular regard to curriculum organisation, the learning process and students’ role as global citizens. (shrink)

Despite the recognition of the importance of philosophy-based management in recent Japanese management practices, there has been little effort to systematically examine this topic from a normative view. With a sample of 152 electrical machinery companies, this study attempts to identify the underlying value orientations incorporated in the normative statement of corporate management philosophy and furthermore examines the complex relationships between corporate value orientations and various performance indexes. The article shows that although the adoption of a corporate management philosophy does (...) not contribute to corporate financial performance directly, some value orientations might contribute to non-financial performance and long-term performance potentials. Especially, CSR environmental performance might be contributed by customer orientation and harmony; human resource management performance is associated with partner orientation and harmony; growth potential might be related with global orientation, entrepreneurship, and honesty. Furthermore, the negative relationship between increase of sales effort and CSR environmental performance also implies that it deserves careful consideration and attention for a company to balance the interests of various stakeholders. (shrink)

摘要：通常所接受对库恩有关不可通约性的分类学解释的理解建立在不可译性概念之上，因而是相当不完善的。为了弥补此不足，本文在分类之逻辑语义理论 (a logical-semantic theory of taxonomy)、真值语义理论 (a semantic theory of truth-value)，以及跨语言交流的真值条件理论 (a truth-value conditional theory of cross-language communication) 之基础上，对库恩有关不可通约性的分类学解释进行了重建。根据这种重建，如果两个科学语言具有不相匹配的分类结构，则当一科学语言的核心语句在其所属语境中具有真值、而在另一科学语言之语境中考虑缺乏真值时，这两 种科学语言乃不可通约。通过这种重建，库恩对于不可通约性的成熟解释并非基于保真 (truth-preserving) 可译性或不可译性的概念，而是基于保留真值状态 (truth-value-preserving) 的跨语言交流概念之上。这种重建使得库恩有关不可通约性的解释更具坚实的理论基础、也在概念上更加完整。.

For a putative knower S and a proposition P , two types of skepticism can be distinguished, depending on the conclusions they draw: outer skepticism , which concludes that S does not know that P , and inner skepticism , which concludes that S does not know whether P . This paper begins by showing that outer skepticism has undesirable consequences because that S does not know that P presupposes P , and inner skepticism does not have this undesirable consequence (...) since that S does not know whether P does not presuppose P . We indicate that the two types of skepticism aim to different loci of doubts: while outer skepticism doubts whether we can gain an epistemic warrant for the actuality, inner skepticism doubts whether we can gain epistemic identification of the actuality. It is further indicated that responses to skepticism from externalist theories, as well as from fallibilist internalist theories, can only respond to outer skepticism but not to inner skepticism. (shrink)

斯特劳逊 （Strawson）的语义预设概念在语义学和语言哲学研究上颇有建树。尽管如此，语义预设概念一直遭受来自各方面的批判。概要说来，对语义预设概念之批判主要来自两个方面：其一，试图抽去语义预设概念的逻辑基础 ，即非真值概念 (the notion of truthvaluelessness)，从而达到间接地拒斥语义预设概念之目的。其二，直接批判语义预设概念本身。他们或者论证此概念在理论上不自恰或微不足道，或者断定即使此概念本身在理论上自恰，但实为一空 洞无物之概念。因为我们根本找任何一个语义预设的具体例证。所以，语义预设概念不具任何真正的哲学意义。它只是一个当代神话，理应拒斥。 -/- 玻尔(S. Ber)和莱肯(W. Lycan)对语义预设概念的批判集中代表了以上两个方面。据我所知，迄今不曾有人对他们的批判予以全面和公正的反驳，以致于许多人人云亦云，使得他们的论点至今颇有影响。给予玻尔和莱恩的批判以全面反驳乃本文初 衷。于此相关，我以为很有必要澄清对语义预设概念的诸多误解，从而确立一个理论上自恰，实际上可行，和确有实质性内容的语义预设概念。基于以上考虑，我对语义预设概念批判之反驳包括正 反两个方面。在第二节，我试图建立一个自恰，完备，非庸俗的语义预设概念。基于这一概念，第三节对玻尔和莱恩反对语义预设的两个核心批判予以全面反驳。第四节着重辩护非真值概念。本文的最后结论是：各种批判并未损 伤斯特劳逊的语义预设概念的精髓。语 义预设概念非但不是一个当代神话，而且具有重大哲学意义。 .

Ben shu wan zheng di ti xian le yang ming xin xue"xin ji li","zhi xing he yi","zhi liang zhi"san da ming ti,Sheng dong di ji zai le yang ming xin xue li lun zai yang ming shi sheng zhi jian de gou jian he chuan bo guo cheng,Jiao wei ji zhong di zhan xian he hui ji le yang ming de xin xue si xiang ti xi,Dui yu yang ming hou xue de fa zhan chan sheng le zhi jie er (...) shen yuan de ying xiang. (shrink)

The False Claims Act, 31 U.S.C. § 3729, a post-Civil War law inspired by cases of defense contracting fraud, was revitalized in 1986. Since then it has been used to sue both manufacturers and providers of pharmaceuticals. In some cases, these suits were meant to target offlabel marketing of pharmaceuticals. In 2009, the 11th Circuit rendered a decision in Hopper v. Solvay Pharmaceuticals that dramatically limits the ability of private plaintiff whistle-blowers to bring qui tam suits under the FCA for (...) such marketing. In June 2010, the Supreme Court denied certiorari, making the Circuit court decision final. The Solvay decision creates a significant barrier to certain kinds of qui tam suits, requiring the plaintiff to demonstrate the intent to market off-label, including by showing specific prescriptions that were written as a result of efforts to do so. (shrink)

Pragmatic Scientific Realism (PSR) urges us to take up the realist aim or the goal of truth although we have good reason to think that the goal can neither be attained nor approximated. While Newton-Smith thinks that pursuing what we know we cannot achieve is clearly irrational, Rescher disagrees and contends that pursuing an unreachable goal can be rational on pragmatic grounds—if in pursuing the unreachable goal one can get indirect benefits. I have blocked this attempt at providing a pragmatic (...) justification for the realist aim of PSR on precisely the same pragmatic grounds—since there is a competing alternative to PSR, and the alternative can provide whatever indirect benefits PSR can offer while being less risky than it is, prudential reasoning favours the alternative to PSR. This undermines the pragmatic case for the realist aim of science since the instrumentalist alternative does not aim at the truth. (shrink)

Similar case analysis (SCA) is an essential topic in legal artificial intelligence, serving as a reference for legal professionals. Most existing works treat SCA as a traditional text classification task and ignore some important legal elements that affect the verdict and case similarity, like legal events, and thus are easily misled by semantic structure. To address this issue, we propose a Legal Event-Context Model named LECM to improve the accuracy and interpretability of SCA based on Chinese legal corpus. The event-context (...) integration mechanism, which is an essential component of the LECM, is proposed to integrate the legal event and context information based on the attention mechanism, enabling legal events to be associated with their corresponding relevant contexts. We introduce an event detection module to obtain the legal event information, which is pre-trained on a legal event detection dataset to avoid labeling events manually. We conduct extensive experiments on two SCA tasks, i.e., similar case matching (SCM) and similar case retrieval (SCR). Compared with baseline models, LECM is validated by about 13% and 11% average improvement in terms of mean average precision and accuracy respectively, for SCR and SCM tasks. These results indicate that LECM effectively utilizes event-context knowledge to enhance SCA performance and its potential application in various legal document analysis tasks. (shrink)

Empowering the rank and file members in choosing a party leader has become an increasing trend in parliamentary democracies. This study examines the process of adopting more inclusive methods to choose a party leader in the Liberal Democratic Party of Japan. The LDP introduced a national primary to elect a leader in 1978. However, this first attempt to open up the party leadership selection was soon replaced by traditional coalition-making politics. In this regard, the LDP is different from most of (...) the Westminster parties that followed a smooth linear process of transferring more power to the rank and file members. This article identifies a ‘swing-back’ effect between 1980 and 1990 in the democratization process of party leadership selection. Working like a pendulum, the LDP did not resume a primary until 1991. It was in 2003 that a nationwide primary became a regular way. This article argues that the discontinuity of reformist actors caused this uncommon swing-back effect. The reformist split in 1976, the sudden death of Masayoshi Ohira, and Kanemaru mediation in 1984 stalled the reforms. Although one finds a similar trend in democratizing party leadership selection outside Europe, the LDP presented an abnormal inactivity and time-lag differences. (shrink)