Mobile phone use while driving: public opinions on restrictions

This paper reviews two road-user surveys on the use of mobile phones on the road in Finland where the mobile phone ownership rate is highest in the world (70% in August 2000). From 1998 to 1999 the proportion of drivers that chose to use a mobile phone while driving rose from 56% to 68%, while the proportion of phone using drivers who experienced dangerous situations due to phone use rose from 44% to 50%. The proportion of drivers who used their phones in some way to benefit safety on the road remained at about 55%. The youngest, novice drivers had the highest level of phone usage of all age categories. Over 48% of the interviewees believed that the government should ban the use of hand-held mobile phones while driving, and another 27% believed that all types of mobile phone use should be banned while driving. Those drivers who used their phones the most each day were more likely to want some form of restrictions, than those who had lower usage. This is a strong message to the elected lawmakers and raises the problem of exactly how regulatory bodies would go about controlling the future growth of new driver support and non-driving related communication devices in road vehicles. It was concluded that legislating for hands-free use only would be a reasonable course of action. Mandating that the current generation of equipment should be optimized for hands-free use should result in future generations of in-vehicle equipment also being optimized for hands-free use as a minimum criterion.     

论海运提单的运输合同属性

通过提单的历史演变及有关立法及业务实际程序考察,论述提单的运输合同属性,更正有关立法的误会。     

网上拍卖的法律问题初探

计算机的广泛使用带动了网上拍卖的蓬勃兴起,给传统的拍卖带来了前所未有的冲击,而有关网上拍卖的法律体系尚未建立,因而出现了许多法律适用上的问题。本文将从网上拍卖的涵义特征入手,结合国内外网上拍卖的现状和立法,针对网上拍卖出现的问题,寻求可能的解决途径。     

Thermidor in land use control?

Abstract

In June 1987, the U.S. Supreme Court in Nollan v. California Coastal Commission held against the California Coastal Commission. Did this legal landmark signal the rise of a new, conservative jurisprudence of takings? And if yes, did that imply the demise of what had been accomplished by the so‐called quiet revolution in land use control that swept the country in the late 1960s and early 1970s? The complexities of this case cannot be understood apart from the historical evolution of the Coastal Commission's policies through the 1970s and 1980s, particularly its coastal access policies. Because of these policies the Coastal Commission, since its inception in 1972, has been subjected to all kinds of criticism, but at the same time has been widely praised for its balanced approach. These varying assessments of the role and record of the Commission also underly the conflicting viewpoints and arguments of Justices Scalia, who wrote for the majority in Nollan, and Brennan, who filed an extremely strong dissent. The resulting legal uncertainties, added to the political setbacks suffered from a lukewarm legislature and a hostile governor, forced the Commission to temper its assertive mission of maximizing coastal access, at least for the time being.     

Evolution of coastal hazards policies in the United States

The ocean and Great Lakes coasts of the United States are experiencing widespread economic and environmental damage from coastal flooding and erosion. During this century, public response to such coastal hazards has evolved haphazardly in response to particular disasters. Over time, however, the range of response has broadened as research has helped to refine public understanding of physical coastal processes, and specific disasters have been studied before longer term forms of institutional response have been formulated. Earlier reliance on engineered shoreline protection has been supplemented by beach nourishment, flood insurance, building and land use regulations, coastal zone planning, and other approaches. This article interprets the evolution of such public policy innovations in terms of a model that depicts the interaction of spatially differentiated systems of physical, legal, and cultural phenomena in the coastal context.     

Geographical variations in hurricane risk and legislative response

Abstract

Risk from the “natural event system”; of hurricanes varies greatly along the U.S. coastline, and so do the property and lives at risk. Damage potential from storm surge in the Miami area is less than a third that of the Tampa area. However, damage potential from winds in the Boston and New York areas exceeds that of either the Miami or Tampa areas. Passage of time since the great hurricane disasters near the turn of the century and improvements in the warning system may make coastal dwellers underestimate the likelihood of a hurricane catastrophe. But population growth near the coast has been more than three times the national average, and 10 of 58 coastal segments 50 miles in width more than doubled in population between 1960 and 1970. Twenty‐two segments increased by more than 25,000 people with six increasing by 150,000. Legislative response to the growing hazard has varied as widely as risk but is not clearly correlated with risk.     

Monitoring Human Activity in an Area Dedicated to the Protection of the Endangered Mediterranean Monk Seal

Mediterranean monk seal populations have declined dramatically and survive in subpopulations scattered throughout their original distribution. The National Marine Park of Alonnisos, Northern Sporades is the first marine protected Area dedicated to the protection of the species in the Mediterranean. A Monitoring and Awareness Project has been carried out in the area from 1993 to 2000, the results of which have produced a detailed profile of the human usage pattern of the Park and indicated a significant reduction of illegal activities in the area. The pattern of human usage has enabled the monitoring team to adjust their efforts in the Park over time and provided essential baseline data for future management. The combined monitoring and awareness efforts have contributed significantly to the conservation of the Mediterranean monk seal by successfully protecting pupping sites and reducing human-induced mortality of the species in the area.     

The Coastal Barrier Resources Act: Has It Discouraged Coastal Development?

Despite an effort by Congress to design a market-based public policy to limit development on certain coastal barriers and protect the federal treasury from paying for recovery from expensive natural disasters, growth continued on these shifting sands. In enacting the Coastal Barrier Resources Act, federal policymakers may have overlooked the key role of state and local governments, as well as the role of local developers, landowners, and realtors in shaping development on coastal barriers. By itself, the act will not prevent development. In fact, it appears that development in areas designated under the act will occur if (1) development pressure is strong enough to overcome the disincentives posed by the act, and (2) state and local governments facilitate development. For example, a local government may substitute its own subsidies for those withdrawn by the federal government. Nothing in the act prevents this from occurring. This article examines the key forces affecting development in areas designated under the Coastal Barrier Resources Act (CBRA) and seeks to explain why development has occurred in some designated areas, despite the withdrawal of federal subsidies. Using case studies of selected coastal barriers designated by the act, as well as surveys of state coastal managers and key informants, the research shows that the Coastal Barrier Resources Act, by itself, will not prevent development from occurring in the designated coastal areas.     

CZARA of 1990: A Critical Time for Coastal Management

To appreciate the present, sometimes you need to reflect on the past and wonder “what if?” This is one of those times. In recognition of the 40th anniversary of the Coastal Zone Management Act and acknowledgment of the dedication of the program's practitioners, it is important to note that the successful implementation of the Nation's primary coastal law has depended, and will continue to depend, on its legitimacy and institutionalization in the political culture of the country. Today, the national coastal management program, while underfunded and, in recent years, subject to wavering political support, has nevertheless reached a certain level of stability to safeguard the country's coastal resources. It is fitting, therefore, in this special issue of Coastal Management to recall a time when the future of the CZMA was in serious doubt.     

城市处理生活垃圾法规弊端分析及其改进措施

文章通过对西安市规制生活垃圾法律规章的认识以及对处理垃圾现状的调查，由小及大地分析了在各地法律规章中普遍存在的弊端，大胆提出了未来法律规章应当遵循的立法原则以及应当建立的法律制度。并且希望垃圾分装、统一收购、奖惩并举和调动个人与社会力量参与处理生活垃圾的主张能对未来立法有所裨益。