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Ⅶ. Human rights are often presented as the outcome of a long and noble maturation process of intellectual ideas such as freedom, equality or human dignity — basically as the ultimate crystallization of Enlightenment ideas. The contemporary importance of human rights is then viewed as the final result of the forward march of history, reason or civilization, advancing the inherent rights and dignity of every person. In this vein, a large body of literature has focused on the precursors of human rights, claiming that the idea of universal human dignity and individual rights ultimately derives from, for instance, Catholic Christianity, Protestantism or the French enlightenment. These are the kind of narratives and histories that have been deeply criticized by Nietzsche (尼采) (or later Foucault (福柯)) because they misconstrue the past as a teleology leading to, and justifying, the current state of affairs. Instead Nietzsche proposed a genealogical methodology, which gives credit to the contingent, unpredictable, hidden and often dark currents of history. From this perspective, the job of the historian, sociologist or philosopher is not to reconstruct the linear path from which human rights have victoriously emerged but to investigate the haphazard make-up of human rights, looking into the contingent conditions and unforeseen circumstances out of which values grow.In The Sacredness of the Person Hans Joas (汉斯•约阿斯) seeks to connect Nietzsche’s awareness of historical contingency with respect to the genesis of values with the more sociological question of why human rights and universal human dignity serve now as a new global culture and morality. Basically, how can we best describe and explain the deep moral commitment and almost universal appeal of human rights, functioning today as a de facto global civil religion with its own transnational symbols such as the Universal Declaration of Human Rights or shared rituals such as UN’s Universal Periodic Review? However, in contrast to a Nietzsche an reading, Joas does not as such want to criticize or deconstruct the idea of universal human rights. He, thus, devises both a research object and approach that is not critical by conventional sociological measure but more geared towards an interpretive approach. More precisely, while acknowledging that human rights are a genuine historical innovation, he also wants to preserve — and explain — the now self-evident moral character that human rights have for those who feel bound by them.1.From the first paragraph, one can know that Nietzsche or Foucault ___.2.Nietzsche or later Foucault criticized the large number of literature because ___.3.According to the second paragraph, Hans Joas tries to ___.4.The difference between Nietzsche and Joas is that ___.

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Ⅵ. International environmental law seems to have reached an impasse. This is hardly surprising: the complexity of environmental problems, even when considered apart from underlying social, political, and economic factors, is staggering. Scientific understandings of environmental degradation and its causes evolve rapidly. The underlying causes of such degradation are very often activities that bring significant social and economic benefits, with the result that political authorities have no wish to prohibit or strictly regulate them; incentive structures may often constitute a more promising avenue. The complexity of questions about human impacts on the environment and how to decrease or mitigate them calls for a high degree of specialization, while at the same time requiring coordinated action on a number of fronts. In light of these challenges, international environmental law has followed a trajectory that seems inevitable: from general rules whose vagueness often impeded their usefulness to highly specialized, technical regimes focused on narrowly-defined phenomena and interacting with each other in a rather hesitant and clumsy fashion, and more recently to the acceleration of transnational, including non-state, regime building. It becomes increasingly difficult to discern the particular contribution that law can make to environmental protection as it takes on the role of handmaiden to science, economics, politics, ethics, and other social systems.In his discussions of the managerial mindset and the demoralization of law, Koskenniemi frequently makes reference to environmental law, notably to the carving out of implementation and compliance procedures from the general law of state responsibility, to the increased resort to soft law, and to the heavy reliance on equitable balancing. A brief sketch of the architecture of international environmental law reveals vague, general principles at one end; highly detailed and technical rules and standards articulated at the level of specialized regimes at the other end; and a series of potentially useful but underspecified — and, unfortunately, largely uninfluential — procedural rules between the two. Furthermore, a large number of general principles and regime-specific standards take the form of soft law. Attempts to flesh out a series of general rights and obligations for states (and potentially for other actors, as well) have been ongoing, but those efforts seem to have faltered with the publication by the International Law Commission (ILC) of the 2001 Draft Articles on Prevention of Transboundary Harm from Hazardous Activities and the 2006 Draft Principles on the Allocation of Loss in the case of Transboundary Harm arising out of Hazardous Activities.1.International environmental law seems to have reached an impasse NOT because ___.2.International environmental law has followed a path from ___ to ___.3.Koskenniemi uses environmental law to illustrate ___.4.Between the two ends of international environmental law are ___.

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V. During the first half 2015, both the DuPont incumbents and Trian challengers became able masters of social media, press releases, and lobbyingtactics to curry favor among voting shareholders of all stripes. Trian wasable to win the public endorsement of significant proxy advisory firms (such as Glass-Lewis and ISS), while DuPont secured support of significant institutional investors (such as CALPERS). When the dust finally settled, the incumbents had eked out victories on all four challenged seats. But the margin was uncomfortably small, with the split largely separating self-identified “long term” investors (including index funds such as Vanguard, Black Rockand State Street) from “short term” investors (which included both activist hedge funds and a sizable portion of retail investors — estimated to control around thirty percent of the shares).The governance kerfuffle at DuPont, and the rhetorical fisticuffs it precipitated, helps motivate this paper: Indeed, while DuPont is a compelling case study in its own right, it is also emblematic of a growing recent trend of shareholder activism — one that has attracted an increasingly perfervid debate within the corporate law and finance community around contemporary activism’s merits. There is little doubt that activism has become a force to be reckoned with among U.S. issuers. The last fifteen years bear witness to a discernible escalation of proxy fights similar to DuPont’s. Moreover, even as the number of proxy challengers has escalated, they have enjoyed greater success: dissidents now gain some measure of victory (through settlement or outright victory) in over two-thirds of the challenges they launch.The burgeoning success of proxy fights is arguably reflected in the contemporaneous growth of activist hedge funds, which have ballooned from under $100million in assets under management in 2000 to over $140 billion today. While the activism trend is remarkable, the cacophonous debate surrounding it really steals the show. The competing positions are by now well-trodden terrain. Activists, it is alleged, privilege short term earnings over more durable (but less liquid) investments in long term value, leading to business decisions that not only forsake long term value for immediate gain, but do so in a manner that sacrifices net present value. And indeed, several studies of hedge-fund engagements find that hedge fund activism significantly curbs long-term investments in research and development, durable assets, and workforce capital.1.The first sentence of the paragraphs is closest in meaning with the following statement.2.From the first paragraph, one can know the following but ___.3.The second paragraph tells us that ___.4.In the last paragraph, the author says that “activists privilege short term earnings over more durable investments in long term value”. The underlined word “privilege” is closest in meaning with ___.

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Ⅳ. Michael Brown’s 2014 death in Ferguson, Missouri thrust police-officer involved homicides into the popular consciousness. A series of subsequent officer-involved homicides has kept the issue politically and legally salient. Despite this, official data sources are thin and unreliable. As in other large cities, shooting victims are overwhelmingly minorities, with Black persons constituting over 80% of victims. Contrary to intuition, many of the officer shooters are minorities as well. The analysis here suggests that neither racist malevolence nor unconscious bias afford complete explanations for why officer-involved shootings occur. Both of these explanatory frameworks focus too intensively upon individual officers’ decision-making at the expense of institutional and situational dynamics. Scholars and policy makers should focus far more intensively on regulating bad practices, rather than just on disciplining bad officers following egregious incidents. Shifting focus in this way will help identify connections between everyday policing tactics in minority neighborhoods — such as plainclothes policing and aggressive stop and frisk — and officer involved shootings. The article also concludes that evidentiary challenges mar post hoc review of officer-involved shootings, whether it is in the form of judicial or civilian review. This also underscores the importance of preventive regulation.There is no quantitative benchmark that allows one to neatly and objectively problematize (or rationalize) the high numbers of Black and Hispanic officer-involved shooting victims. Claiming disproportionality requires significant normative judgments. The racial profile of officer involved shooting victims in the IPRA Reports is dramatically disproportionate to that of Chicago residents. Comparable if not quite so dramatic racial disproportionality holds for other municipalities and the United States as a whole. But the IPRA Reports suggest that the majority of shooting victims were armed when shot. This should lead one to ask whether the city’s overall demographic profile is the proper benchmark for measuring whether shootings are inordinately visited upon Black and Hispanic men. Related is the question of what reference point should be used to assess how many shootings are too many? These two questions will be familiar to anyone who studies antidiscrimination law — establishing the fact of racial disparity requires an appropriate comparison group. For example, a plaintiff suing a medical employer for racial discrimination in hiring of doctors could not point to the employers’ having hired fewer minorities than their share of the general population.1.The underlined word “salient” is closest in meaning with ___ in the sentence.2.What could be the intuition referred to by the author?3.According to the first paragraph, the author thinks that ___.4.In the last sentence, the author gives an example of medical employment to illustrate that ___.

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Ⅲ. The Copyright Act of 1976 is the governing federal copyright law in the United States. Pursuant to section 102,copyright protection subsists upon satisfaction of three conditions: first, a work must be an “original work of authorship”; second, the work must be “fixed in any tangible medium of expression”; and third, the work must come within the subject matter of copyright. Sports telecasts are original works of authorship. To be original, a work must be independently created (as opposed to copied from other works) and possess at least “some minimal degree of creativity”. It is obvious that live sports telecasts are independent creations, rather than reproductions of earlier works. The creativity element is just as easily satisfied. Courts long have recognized that photographing and filming involves creative endeavors. In the context of filming sports, the decisions “concerning camera angles, types of shots, the use of instant replays and split screens, and shot selection similarly supply the creativity required for the copyright ability of the telecasts”. Sports telecasts are fixed in a tangible medium of expression. Additionally, it is of no consequence that these live sports telecasts are fixed simultaneous with its transmission. Section 101 expressly provides that “a work consisting of sounds, images, or both, that are being transmitted, is ‘fixed’…if a fixation of the work is being made simultaneously with its transmission”. Since the telecasts of the games are videotaped at the same time that they are disseminated, the telecasts are fixed in tangible form.Sports telecasts are within the subject matter of copyright as an “audiovisual work”. The Copyright Act notes several types of subject matter that is copyrightable, of which “audiovisual works” is one of the categories. To be satisfied as an audiovisual work, the work in question must consist of a series of related images shown by the use of machines or devices with accompanying sounds. From this definition, there is no doubt that sports telecasts are within the subject matter of copyright. Since it is clearly established that sports telecasts, even those transmitted on a live basis, are copyrighted works, the next issue is ownership of the copyright.This issue was first addressed in Pittsburgh Athletic Co. v. KQV Broadcasting Co., albeit a decision under the old copyright regime. In a suit for an injunction against KQV Broadcasting for interfering with General Mills’ exclusive contract to broadcast Pirates games over the radio, the court ruled that the baseball team had a property right to control the news of games by broadcasting.1.Sports telecasts are original works of authorship because ___.2.Sports telecasts are fixed in tangible form NOT because ___.3.Which of the following is NOT correct according to the paragraphs?4.The most suitable title for these paragraphs is ___.

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II. Last Term, the Supreme Court in United States v. Halper, unanimously created a rule of law that will disrupt federal, state, and local governments’ ability to enforce a vast array of important regulatory schemes, including environmental protection, securities regulation, and tax collection. This likely disruption flows from the Court’s recognition that certain constitutional protections, previously thought only available to criminal defendants, are at times equally accessible to civil defendants from whom government is attempting to collect civil penalties for proscribed activity. While the Court’s decision in Halper focused only on the extension of the double jeopardy clause to civil penalty proceedings, its reasoning and holding are sufficiently broad to allow the application of other constitutional protections to government-initiated civil penalty cases. These additional constitutional protections could include theeighth amendment, the self-incrimination clause of the Fifth Amendment, and the trial guarantees of the Sixth Amendment.Turning initially to the more narrow double jeopardy issue addressed in Halper, the Court’s application of double jeopardy protection to a civil penalty proceeding was a remarkable change in the law. By extending the reach of the double jeopardy clause, Justice Blackmun’s opinion ignored a consistent line of cases recognizing double jeopardy protection only in the context of a criminal proceeding. Looking at Halper from a more panoramic angle, however, it is the Court’s reasoning, apart from its holding on double jeopardy that forms the core of the disruption created for government regulatory programs.For example, in the process of justifying its ruling, the Court found it necessary: (1)to blur the line between civil and criminal punishment and to define punishment for constitutional purposes to include civil penalties; (2) to discard a statutory construction test used for over fifty years in deciding whether a legislature intended a criminal or civil penalty; (3) to reject the concept of deterrence as a legitimate objective of a civil statute; (4) to reduce the concept of government damage to a monetary formula while ignoring substantial precedent which recognized the possibility of nonmeasurable harm to government; (5) to create an accounting procedure for deciding when the line is crossed between remedy and punishment for constitutional purposes; and (6) to allow individual trial courts to replace the will of legislatures in deciding the rational level of indemnity to government for its loss.1.The new rule created by the Court in Halper case will disrupt different levels of governments’ ability to ___.2.According to Halper, which of the following is NOT true?3.What is the remarkable change in the law according to the second paragraph?4.Reading the paragraphs given, one can feel that author ___the Halper case.

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I. The psychological exploration into litigants’ procedural preferences dates back to the early 1970s, when empirical research by Thibaut and Walker — largely regarded as the originators of the procedural justice paradigm — and their colleagues revealed that laypeople care about their direct and indirect control over legal decisions that affect them. They demonstrated that when laypeople evaluate procedures, they generally assess how the procedures distribute control between the parties themselves and third parties (e.g., mediators, arbitrators, judges). Their research also suggests that disputants prefer procedures that allow them (as opposed to third parties) to control the process. Their early work highlights the important role that “voice” (i.e., the opportunity to share one’s story or side of the dispute) plays in how disputants construe dispute resolution options, which in turn illuminates the critical role that subjective perceptions play in the functioning of the legal system. Subsequent research produced additional theories that explain why disputants care about process. One theory — the “instrumental” or “social exchange” theory — suggests that people desire process control because they believe it provides an indirect way to control their dispute’s outcome. Another framework — the “group value” model — suggests that people care about process because the quality of the process they experience helps them to assess their status and inclusion within their group or community. Other research emphasized how process has important implications for how people perceive social justice — when the fairness of an outcome is ambiguous, people often use their evaluations of the process they experienced as a mental shortcut for assessing the outcome.In practice, legal organizations and scholars often use the concept of control to classify legal procedures. Mediation and negotiation are commonly conceptualized as offering litigants greater process and outcome control as compared to adjudicatory options such as trial and arbitration. The American Bar Association, for example, describes mediation and negotiation as offering parties greater participation in reaching a resolution, as well as control over the outcome. Similarly, scholars often conceptualize legal procedures on a spectrum. On one end of the scale, negotiation offers participants control over both the process and outcome and does not involve a third-party neutral. On the other end, arbitration and trial empower third-party neutrals to determine the outcome of a dispute and impose formality on the process. Mediation, existing in the middle of the spectrum, utilizes a third-party neutral, but allows parties to shape the process and control the outcome.1.Thibaut and Walker are regarded as ___.2.Thibaut and Walker found in their research that laypeople ___.3.According to the first paragraph, which of the statements is wrong?4.What is the most suitable topic of the second paragraph?

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More and more, the operations of our businesses, governments, and financial institutions are controlled by information that exists only inside computer memories. Anyone clever enough to modify this information for his own purposes can reap substantial rewards. Even worse, a number of people who have done this and been caught at it have managed to get away without punishment.It’s easy for computer crimes to go undetected if no one checks up on what the computer is doing. But even if the crime is detected, the criminal may walk away not only unpunished but with a glowing recommendation from his former employers.Of course, we have no statistics on crimes that go undetected. But it’s disturbing to note how many of the crimes we do know about were detected by accident, not by systematic inspections or other security procedures. The computer criminals who have been caught may have been the victims of uncommonly bad luck.For example, a certain keypunch operator complained of having to stay overtime to punch extra cards. Investigation revealed that the extra cards he was being asked to punch were for dishonest transactions. In another case, dissatisfied employees of the thief tipped off the company that was being robbed.Unlike other lawbreakers, who must leave the country, commit suicide, or go to jail, computer criminals sometimes escape punishment, demanding not only that they not be charged but that they be given good recommendations and perhaps other benefits. All too often, their demands have been met.Why? Because company executives are afraid of the bad publicity that would result if the public found out that their computer had been misused. They hesitate at the thought of a criminal boasting in open court of how he juggled (耍弄) the most confidential records right under the noses of the company’s executives, accountants, and security staff. And so another computer criminal departs with just the recommendations he needs to continue his crimes elsewhere.1.It can be concluded from the passage that ___.2.It is implied in the third paragraph that ___.3.Which of the following is mentioned in the passage?4.What may happen to computer criminals once they are caught?5.The passage is mainly about ___.

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Three Yale University professors agreed in a panel discussion tonight that the automobile was what one of them called “Public Health Enemy No. l in this country”. Besides polluting the air and congesting the cities, cars are involved in more than half the disabling accidents, and they cause heart disease “because we don’t walk anywhere anymore,” said Dr. H. Richard Weinerman, professor of medicine and public health. Dr. Weinerman’s sharp criticism of automobile came in a discussion of human environment on Yale Reports, a radio program broadcast by Station WTIC in Hartford. Connecticut. The program opened a three-part series on “Staying Alive”. “For the first time in human history, the problem of man’s survival has to do with his control of man-made dangers,” Dr. Weinerman said. “Before this,the problem had been the control of natural dangers.”Relating many of these dangers of the automobile, Arthur W. Galston, a professor of biology, said it was possible to make a kerosene-burning car that would “lessen smog by a very large factor”. But he expressed doubt that Americans were willing to give up moving about the countryside at 90 miles an hour in a large vehicle. “America seems wedded to the motor car - every family has to have at least two, and one has to be a convertible with 300 horsepower,” Professor Galston continued. “Is this the way of life that we choose because we cherish these values?”For Paul B. Sears, professor of conservation, part of the blame lies with “a society that regards profit as a supreme value,under the false idea that anything that’s technically possible is, therefore,ethically justified”. Professor Sears also called the country’s dependence on its modern automobile “lousy economics” because of the large horsepower used simply “moving one person to work”. But he agreed that Americans have painted themselves into a comer by allowing the national economy to become so reliant on the automobile industry.According to Dr. Weinerman, automobiles, not the factories, are responsible for two-thirds of the smog in American cities, and the smog presents the possibility of a whole new kind of epidemic, not due to one germ, but due to polluted environment. “Within another five to ten years, it’s possible to have an epidemic of lung cancer in a city like Los Angeles. This is a new phenomenon in health concern,” he said.The solution, he continued, is “not to find a less dangerous fuel,but a different system of inner-city transportation. Because of the increasing use of cars, public transportation has been allowed to wither and degenerate, so that if you can’t walk to where you want to go, you have to have a car in most cities,” he asserted. This, in turn, Dr. Weinerman contended, is responsible for the “arteriosclerosis” of public roads, for the blight of the inner city and for the middle-class movement to the suburbs.1.The main idea of this article is that ___.2.In Paragraph 2, Professor Galston implies that ___.3.In paragraph 3, Professor Sears implies that ___.4.It can be inferred from Paragraph 5 that ___.5.Dr. Weinerman would probably agree that ___, if public transportation were improved.

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I am always a little puzzled when I hear people complain about the difficulties of finding a good job. Young people in their 20s express dissatisfaction that all the good jobs have been taken by those in their 40s. People in their 40s, trapped in the middle groups of the workforce, complain about waiting for their elders to make room for them at the top. Older employees worry about being forced out of the job market prematurely by younger people willing to work at entry-level wages. It is not a pretty picture.But I do not buy it. In my view, differences between generations are not a problem but an opportunity — if you remember to apply some basic principles of self-marketing. Most of us learned from Marketing 101 textbooks that there are four phases in the life cycle of a product or brand. The names may differ, but essentially the four phases are Introduction, Growth, Maturity and Decline. As a manager of high-profile athletes for more than 30 years, I know that these four phases certainly apply to the career and marketability of an athlete.An athlete’s introduction or start-up phase is when he or she starts competing, does well and captures the attention of people in the sport. Introduction turns into the growth phase when the athlete goes from being a promising performer to an established star. That’s when everybody wants a piece of the athlete’s time and he must stay focused on his primary talent and not get distracted by side issues.For an athlete, the toughest thing about the mature phase may simply be recognizing that he or she is in it. If you’re marketing a bar of soap it is easy to tell if the product is mature. It is there in the stagnant or shrinking sales figures. It is different with athletes. Not only do they think the growth phase will never end but they often deny that there is any decrease in their athletic skills or marketability, no matter what the numbers say.The decline phase for an athlete may sound harsh, but it doesn’t have to be if he or she thinks of it as a reflective phase. In this phase an athlete can have a tremendous future as a legendary figure who functions as an ambassador for his or her sport. If you substitute “employee” for “athlete” in these examples, these four phases apply to any individual’s career.I genuinely believe that whenever people face a career crisis, a big reason is because they are “out of phase”. I have always been a tremendous advocate of recruiting older workers. With the massive downsizing of corporate America, there are tens of thousands of talented men and women over the age of 50 who feel shut out of the work-place. To me, these people are a gold mine — not because they are available but rather because they possess the qualities that employees in the introduction and growth phases lack, namely wisdom and experience. And since many of them received generous early-retirement packages, money is not their sole motivation. In other words, they are affordable.If I were marketing myself in the mature phase. I’d focus on these qualities. Wisdom, experience and affordability make up a potent package. But you cannot do that unless you first recognize and fully appreciate the phase you are in.1.What can be concluded from the passage?2.Who are complaining about the difficulties of getting a good job at the top?3.Which of the following statements is TRUE according to the author?4.According to the author, in which of the four phases can an athlete have a tremendous appeal?5.The author thinks highly of older employees because ___.

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According to sociologists, there are several different ways in which a person may become recognized as the leader of a social group in the United States. In the family, traditional cultural patterns confer leadership on one or both of the parents. In other cases, such as friendship groups, one or more persons may gradually emerge as leaders, although there is no formal process of selection. In larger groups, leaders are usually chosen formally through election or recruitment.Although leaders are often thought to be people with unusual personal ability, decades of research have failed to produce consistent evidence that there is any category of “natural leaders”. It seems that there is no set of personal qualities that all leaders have in common; rather, virtually any person may be recognized as a leader if the person has qualities that meet the needs of that particular group.Furthermore, although it is commonly supposed that social groups have a single leader, research suggests that there are typically two different leadership roles that are held by different individuals. Instrumental leadership is leadership that emphasizes the completion of tasks by a social group. Group members look to instrumental leaders to “get things done”. Expressive leadership, on the other hand, is leadership that emphasizes the collective well-being of a social group’s member. Expressive leader are less concerned with the overall goals of the group than with providing emotional support to group members and attempting to minimize tension and conflict among them. Group members expect expressive leaders to maintain stable relationships within the group and provide support to individual members.Instrumental leaders are likely to have a rather secondary relationship to other group members. They give orders and may discipline group members who inhibit attainment of the group’s goals. Expressive leaders cultivate a more personal or primary relationship to others in the group. They offer sympathy when someone experiences difficulties or is subjected to discipline, are quick to lighten a serious moment with humor, and try to resolve issues that threaten to divide the group. As the differences in these two roles suggest, expressive leaders generally receive more personal affection from group members; instrumental leaders, if they are successful in promoting group goals, may enjoy a distant respect.1.What does the passage mainly discuss?2.The passage mentions all of the following ways by which people can become leaders EXCEPT ___.3.What can be inferred from the second paragraph about “natural leaders”?4.Which of the following statements about leadership can be inferred from Paragraph 2?5.Paragraphs 3 and 4 organize the discussion of leadership primarily in term of ___.

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