论有限责任公司的债权人保护——以公司债权人介入公司治理的自我救济为导向

传统有限责任公司制度对债权人保护具有间接性,存在反射性利益保护的局限,其根本原因在于忽视公司债权人契约性权力的控制权配置可能。借助对债权人介入公司治理的契约性权力的合理性分析,可以清楚地揭示公司控制权的动态结构。基于状态依存所有权理论生发的相机治理理论,通过对不同经营状态下剩余控制权应然归属的确认,为债权人参与公司治理提供了正当理据。据此,公司法框架下的债权人介入行使控制权的具体路径可以表述为：（1）明确规定债权人与公司有关控制权合同条款的合理性;（2）建立普遍的公司债权人会议制度;（3）建立适合的监督履约机制;（4）明确规定公司濒临或处于破产阶段时的债转股制度。     

高空抛物侵权责任质疑——以连带责任制度为视角

连带责任制度,是《侵权责任法》将高空抛物行为定性为特殊侵权行为的重要依据。高空抛物侵权行为适用连带责任,在理论上缺乏正当性;在现实的利益权衡中,也不能实现利益均衡,不利于实现社会的公平和正义。高空抛物侵权行为属于一般侵权行为,应当适用《侵权责任法》中的一般规定,无须单独立法。     

美国大学学术管理中的合同责任

因学术管理而引起的美国大学与学生之间的违约指控主要有四类起因:即高校的教育和教学质量,成绩评定和学术评估,学业和学位要求的变更以及学业和学位要求的解释。在处理上述违约指控的过程中,美国联邦法院以及各州的法院仍继续遵循很多传统的原则和先例。     

“反思型政府”：有限政府构建的新思路——以行政法范式的转型与重构为视角

当前我国处于社会转型和政治改革的活跃时期,应当加快推进以政府体制改革为重点的政治体制改革,积极吸取“有限政府”的权力制约、职能收缩和规模适度的理论精髓,主动借鉴公民社会多元参与、政民关系“双向合作互动”的权力建构模式。传统行政法范式因国家行政主导下的权力扩张、职能泛化和机构膨胀,而与现代有限政府理念严重失衡。为此,通过确立公共行政主导下的行政法新范式,有助于为构建与和谐社会理念相适应的新型政府模式——“反思型政府”,扫清观念障碍和理论盲区。     

基于PPP融资模式的公路工程项目风险识别研究

公路工程项目实施周期长、施工技术要求高、受环境影响较大,加之PPP融资结构复杂、涉及主体较多,加大了风险管理的难度.文章运用定性与定量分析相结合的方法,通过两个维度五个步骤构建了风险识别系统,强调对关键风险因素的识别,以期对PPP融资模式下公路工程项目的风险识别提供借鉴.     

A Memoir of Co‐Mentoring: The “We” that is “Me”

The author’s academic journey in learning to mentor and be co‐mentored involved three rites of passage. In this reflective essay (invited paper), the author acknowledges his most influential co‐mentors—former dissertation supervisees and long since colleagues—who helped form the “we” that is him. The first phase coincided with a constraining time in research and supervision. The author co‐published only a few journal articles and mainly with one mentee. During his second stage in Toronto, Canada, he experienced an exponential increase in co‐publication. This was a natural extension of mutually beneficial working relationships and successful doctoral defenses. Like a trusted friend, a mentor can guide his or her charges as they set out to discover and realize the potential within. The responsive form of learning in partnership enacted a version of collective action among equals. The author became a collaborative arts‐based‐educational researcher‐mentor: a hyphenated collection of selves. Since having returned to Australia, he co‐mentors early career academics seeking to publish and use writing as and for their professional development.     

Editorial

Leadership for learning (LfL) is conceived as a network rather than as a centre within the University of Cambridge Faculty of Education. This paper explores what is understood by the term network, both within LfL and in the wider educational and research communities, and how these understandings are reflected in a number of projects carried out under the aegis of LfL over the last three years. The paper draws out the key distinguishing features of these activities and, using the five principles of leadership for learning, explores the degree to which these activities have contributed to the creation and transfer of new knowledge. The paper concludes by proposing a model for knowledge-building which draws on the work of LfL and suggests ways in which this model may be of use to the wider educational community.     

Evaluating multi-institutional partnership sustainability: a case study of collaborative workforce development in renewable energy assessment

Partnership evaluation typically occurs during the final stages either to assess why a collaborative effort did not work or to identify the indicators of success. Partnerships are rarely evaluated at their incipient stage, which is a critical time to assess their potential for long-term sustainability. In this paper, we present an early-stage evaluative framework for assessing multi-institutional academic partnerships’ sustainability based on 3 dimensions: decision processes, problem orientation, and social capital. We apply the evaluative framework using case study research to the Renewable Energy Assessment (REA) Program, a workforce enhancement academic partnership that focuses on facilities and lands viability assessment. Using the evaluative framework, we identified critical elements present within and missing from the REA Program that could influence the partnership's long-term sustainability. This study demonstrates the need to conduct incipient stage and ongoing evaluations to foster partnership sustainability, and provides a framework for conducting such assessments.     

Scaffolded support systems: examining a multi‐tiered support plan protocol for struggling teacher candidates

Teacher candidates train in an educational world that has changed dramatically. The tensions and challenges that preservice teachers experience are a reality for teacher education programs and must be planned for. The authors from a teacher preparation program describe the steps they have taken to support more authentic and integrated work with teacher candidates who struggle in their performance during their licensure program. After implementing a program‐wide support plan protocol and professional action plan tool, we examined the issues that signaled the need for intervention, the types of supports provided, and the resulting program decision. We captured staff perspectives regarding the effectiveness of the support plan protocol and conclude with recommendations to support teacher candidates in acquiring the conceptual and technical knowledge, skills, and disposition needed to teach in today’s classrooms.