论动产法律关系中担保物权的竞合——现行《担保法》优先权规则的阐释

优先权规则是为解决权利冲突而设定的。在现代动产担保交易法中,优先权规则旨在通过鼓励贷款来促进商业发展。在现代经济融资中,只有明确的优先权规则才能鼓励贷款来促进商业的发展。我国应该确立一套完备的优先权规则,而不是将优先权规则分散地规定在其他法律、规章之中。只有这样才能方便担保权人明确其信贷风险,促进经济发展。     

Transformations in Spanish trade union membership

Trade union membership in Spain has undergone several transformations during the long employment boom (1994–2007) and the following crisis. New generations of workers with different attitudes towards trade unionism, the incorporation of female workers and immigrants have changed the forms and contents of the workers' organisations in Spain.     

Attitudes of industrial buyers toward selected social issues

Although the demand on industrial establishments to resolve various social problems is ever-present, there is little substantive material in the literature concerning the industrial buyers' perceptions of the social responsibilities of their firm. Studies of executive's attitudes toward corporate social responsibility have focused heretofore on corporate personnel other than industrial buyers. Next to salespersons, however, industrial buyers have more contact with persons and businesses outside their company than other corporate personnel. People in purchasing, nonetheless, are perceived by many as conservative, hard-nosed negotiators either unconcerned about corporate social responsibility at best or denying such responsibility at worst. This article presents the results of a survey of industrial buyers concerning their attitudes toward various social issues.     

Decision making under conditions of conflict

A real-world application is employed to explain three general types of decision situations that can arise under conditions of conflict. In addition, meaningful connections and relationships among these areas of decision making are clearly pointed out. To permit useful decision technologies to be employed by practitioners for better understanding and for resolving a variety of actual decision problems, a range of flexible decision support systems is discussed. Subsequently, interesting research developments contained in the upcoming sequence of 12 articles on decision making under conflict are summarized and compared. The research articles not only present unique approaches to decision making involving multiple participants, each of whom may have multiple objectives, but suggest a variety of challenging research problems to be investigated in the future.     

Community-based programmes to promote use of bicycle helmets in children aged 0-14 years: a systematic review

Hospital-based research has shown that wearing a helmet reduces the risk of head injury in bicycle riders. These studies have provided the impetus for community-wide interventions to increase the numbers of cyclists who wear helmets; however, the effectiveness of such programmes is undetermined. This study employs extensive search strategies to review the scientific literature to establish the effectiveness of community-wide programmes to increase helmet use among cyclists. Thirteen community-wide intervention studies using substantive methodologies were located in 16 published papers. The community-wide interventions include mandating helmet wearing, education campaigns, distribution of free or subsidized helmets or, more frequently, combinations of all of these methods of influence. All studies reported success in influencing helmet wearing across communities. However, none of the studies reveals enough detail of the mix or techniques employed in the interventions to replicate the interventions. While it is encouraging that all of the studies showed positive results, the way forward for further implementation of helmet wearing is for adequate documentation of successful interventions.     

Profit Related Pay and the U.K. Small Firm Labour Market

This paper critically examines the relevance of profit related pay (PRP) for the U.K. small firm sector. Since 1986, the U.K. government has actively encouraged PRP, which attracts generous tax breaks, because it believed that PRP would make pay more flexible downwards and would significantly improve employee identification, morale and productivity. An analysis of the theoretical arguments and the assumptions made regarding the nature of the U.K. small firm sector that underlay these claims suggests, however, that the likelihood of achieving either of these alleged benefits is small. An appraisal of the available empirical evidence on the practical implementation and operation of PRP schemes suggests that the tax relief simply encourages firms to introduce cosmetic schemes that have no appreciable impact upon the behaviour of either firms or employees. Moreover, the experience of some firms that adopted PRP schemes indicates that, far from increasing morale and productivity, PRP often creates new tensions and conflict between owners and employees. These and other unintended consequences illustrate the inherent difficulties of government attempts to use the tax system to alter the behaviour of agents engaged in a wide variety of complex and very heterogeneous bargaining situations.     

Fostering Self-Regulation Skills in Youth: Examining the Effects of a Mentoring Curriculum in a Summer Recreation Program

This study examined the effects of a mentoring curriculum embedded within a recreation program on youth's self-regulation. Self-regulation scores were collected on 64 youth participants: 29 in the comparison group and 35 in the treatment group. Using the Behavior Rating Inventory of Executive Functions (Guy, Isquith, &; Gioia, 2004 Guy, S., Isquith, P., &; Gioia, G. (2004). Behavior rating inventory of executive function—self-report version: Professional manual. Lutz, FL: Psychological Assessment Resources. [Google Scholar]) as a measure of self-regulation, scores were collected pre-, middle, and postrecreation program. Results indicated significant (p <. 008) differences among the treatment and comparison conditions with the treatment site exhibiting greater increases in self-regulation over time compared with the comparison site. Implications from the study suggest that recreation programs are well positioned to incorporate formalized mentoring that supports the development of self-regulation in youth.     

Navigating in the Midst of More Uncertainty and Risk

With the steady increase in the variety and scale of uncertainties and risks, the challenges for today's executives have become ever more complex and daunting. One powerful tool for navigating among different risks and uncertainties is scenario planning. From its early days of use within Shell, scenario planning has evolved in ways that make it better suited to the tasks of identifying, analyzing, and managing various financial risks across different industries. During the last ten years, Morgan Stanley has also been using scenario planning to gain a better understanding of key risks and uncertainties facing the financial services industry, ranging from the consequences of possible changes in the dollar to the emergence of hedge funds and the remarkable growth of China and India. In discussing the benefits of scenario planning, the authors note its potential to help management in a number of ways:

• ? By challenging conventional thinking and current assumptions about its industry and world;
• ? By identifying key signals or potential direction changes ahead of time, which is especially important when lead times to invest, hedge, or change assets are limiting factors;
• ? By identifying and assessing the value of strategic or “real” options—options to invest in new opportunities or limit downside risks that may suddenly open up or disappear, and that man‐ agement must be prepared to “exercise” quickly and decisively;
• ? By reinforcing the recognition that value added comes not just from better strategic thinking and planning, but from the role of risk management in helping companies take advantage of new opportunities;
• ? By encouraging more cross‐divisional and firm‐wide conversations about strategic choices and options, thereby creating a shared understanding of and greater consensus about chosen strategies; and
• ? By forcing them to go beyond the limits of typical three‐to‐five year forecasting limitations to think hard about longer‐term strategic choices.

     

Measuring business cycle comovements in Europe: Evidence from a dynamic factor model with time-varying parameters

Estimation results from a dynamic factor model confirm an increase in output synchronization across European countries during the run-up to the inception of EMU, but EMU by itself has not continued to foster the emergence of a common business cycle.