Juvenile Transfers to Adult Court: An Examination of the Long‐Term Outcomes of Transferred and Non‐Transferred Juveniles

Juveniles who are transferred to adult court are more likely to recidivate than non‐transferred juveniles, but limited research has examined how transfer can impact other life outcomes like attending college and employment. To examine this issue, data from the National Longitudinal Survey of Youth (1997) were analyzed from 1998 to 2011. It was found that court involvement during adolescence does not harm educational attainment. However, prosecution of juveniles in adult court significantly impairs earning potential well into adulthood. The current study provides further evidence of the long‐term harms caused by transfer and demonstrates how transfer further disrupts the desistance process.     

Testing Times Ahead: Non‐Invasive Prenatal Testing and the Kind of Community We Want to Be

This article reviews the Nuffield Council on Bioethics’ report on Non‐Invasive Prenatal Testing (NIPT); and introduces two general questions provoked by the report – concerning, respectively, the nature and extent of the informational interests that are to be recognised in today's ‘information societies’ and the membership of today's ‘genetic societies’. The article also considers the role and nature of the Nuffield Council. While the Council's report identifies a range of individual and collective interests that are relevant to determining the legitimate uses of NIPT, we argue that it should put these interests into an order of importance; we sketch how this might be done; and we suggest that, failing such a prioritisation of interests, the Council should present its reflections in a way that engages public debate around a number of options rather than making firm recommendations.     

CASES: European Arrest Warrant Cases and the Principles of Non‐discrimination and EU Citizenship

This case comment provides an analysis of the recent judgment in Wolzenburg (C‐123/08), delivered on 6 October 2009 not yet reported (Grand chamber) concerning the application of the EU principles of nondiscrimination and citizenship to the European Arrest Warrant cases. It also considers the impact of the Lisbon Treaty as well as the implications of the Citizenship Directive 2004/38/EC for this area of law.     

Term Limits and Legislative‐Executive Conflict in the American States

State governments have experienced considerable institutional change in the last several decades. None appeared at first glance to be as far‐reaching as the legislative term limits that were adopted by over 20 states in the 1990s. The evidence to date suggests that term limits have indeed changed the character of many of the states' legislatures, if not always as predicted by their advocates. We report data on veto dynamics over the period 1989–2008 to determine how term limits have impacted legislative‐executive relations. Our data both challenge and support what has become the conventional wisdom, i.e., that term limits will weaken legislatures relative to their governors. States with more stringent term limits experienced fewer gubernatorial vetoes but proved more likely to override those vetoes when they were issued. Taken together the evidence suggests that the relationship between governors and legislatures in the wake of term limits is more complex and variable than scholars and others had previously thought.     

The Transparency Trap: Non‐Financial Disclosure and the Responsibility of Business to Respect Human Rights

This article examines the potential for transparency programs to improve corporations’ human rights performance. The primary focus is on “general” transparency programs such as the inclusion of human rights issues in sustainability reports. Regulators increasingly rely on such programs, one of which is the EU Directive on the Disclosure of Non‐financial Information, which many commentators view as a model for legislation in other countries and for a business and human rights treaty. This article identifies several problems with this approach. The human rights metrics used in current sustainability reporting standards often lack validity or are based upon data that is most easily collected, rather than most important. Moreover, the empirical evidence on sustainability reporting shows continued problems of selective disclosure, impression management, incomparable disclosures, and the use of disclosure as an end in itself (as opposed to a process that leads to organizational change). To move forward, regulators should shift focus to a model grounded in regulatory pluralism. Under this approach, regulators would combine a selection of targeted transparency mechanisms to create a more complete regulatory system that corrects for one disclosure mechanism's weaknesses by including others that have complementary strengths.     

Juvenile Accountability and the Specific Deterrent Effects of Short‐Term Confinement

To assess the specific deterrent (“teaching a lesson”) and normative validation effects of confinement, the intake histories of a random sample of youths (n=87) confined in a local detention facility were analyzed to determine if the amount of the immediately previous confinement or the total amount of confinement experienced affects the amount of time until the next system intake. No statistically significant relationships were found for any of the intakes, up through eight intakes. The findings, however, demonstrate that a non‐graduated approach to imposition of punishment that did not adequately emphasize individual accountability was not an effective deterrent for the more recalcitrant youths included in this study. Theoretical and policy implications of the findings are discussed.     

Long‐Term Change and Stability in House Voting Decisions: The Case of the Minimum Wage

Although members of Congress exhibit considerable stability in their voting decisions on similar, recurring issues, members' long‐term voting histories reveal evidence of systematic instability as well. I argue that members reverse positions in predictable ways when the vote history loses value as a decision cue, and I present empirical evidence for this behavior in the context of the highly salient and regularly repeated House decisions on increasing the federal minimum wage. The empirical findings suggest that reversals of member positions are related to institutional, electoral, and constituency factors. I conclude by discussing the importance of these findings to understanding congressional decision making and representation.     

Law as Information in the Era of Data‐Driven Agency

This contribution introduces the mathematical theory of information that ‘informs’ computer systems, the internet and all that has been built upon it. The aim of the author is to invite lawyers to reconsider the grammar and alphabet of modern positive law and of the Rule of Law, in the face of the alternative grammar and alphabet of a data‐driven society. Instead of either embracing or rejecting the technological transitions that reconfigure the operations of the law, this article argues that lawyers should collaborate with the computer scientists that engineer and design the affordances of our new onlife world. This is crucial if we want to sustain democratic participation in law‐making, contestability of legal effect and transparency of how citizens may be manipulated by the invisible computational backbone of our rapidly and radically changing world.     

Non‐Legislative Rule Making after the Lisbon Treaty: Implementing the New System of Comitology and Delegated Acts

The reform of comitology and the introduction of the new instrument of delegated acts in the Lisbon Treaty were followed by protracted negotiations on the implementation of both articles. This article examines the resultant system that has emerged for both types of non‐legislative instruments. In the area of implementing acts, a new regulation sets out important changes: a reduction in the number of procedures, the extension of the scope to trade defence measures and the replacement of a referral to the Council with a new appeal committee. With respect to delegated acts, the search for an overarching framework resulted in a Common Understanding. Our analysis not only demonstrates the need to go beyond the treaty provisions in understanding the nature of non‐legislative rule making in the EU, but also emphasises the importance of informal procedures and non‐binding agreements in fully assessing the nature of non‐legislative rule making in this area.     

新时期改进公安思想政治工作的思考

公安机关是人民民主专政国家机器的重要组成部分，公安思想政治工作，是实现党对公安工作领导的重要途径，是公安队伍建设的中心环节，是胜利完成各项公安业务工作的根本保证。随着改革开放的进一步深入，特别是我国加入WTO后，公安思想政治工作面临的形势更复杂、任务更繁重、工作更艰巨。要适应改革开放和社会主义市场经济发展的需要，必须大力加强和改进新时期公安思想政治工作。     

新时期北京市法制宣传教育工作的创新与发展

法制宣传教育工作是推进依法治国方略的重要基础性和源头性工作。历经25年的发展变化后,北京市的普法工作目前已从单一、灌输型的传统化工作模式,发展为与热心公益事业的法制宣传志愿者广泛参与的市场化工作模式,与社会大众互动进行的网络化宣传模式共存,为提高市民法律素质,维护社会和谐稳定,实现“人文北京”,奠定了思想基础。然而,当今社会城市化、高科技化、网络化急剧推进,各种新的事业和现象不断涌现,不利于社会稳定的因素随时可能出现,这对法制宣传教育提出了更高要求。笔者认为,做好新时期的法制宣传需要实干、巧干和创新。     

The Optimal Combination of Cartilage Source and Apparatus for Long‐Term In Vitro Chondrocyte Viability Analysis

Abstract: Most studies of long‐term chondrocytes survival were for tissue banks. They showed a gradual reduction in the viable chondrocytes percentage as a function of time and ambient temperature, but the samples were harvested under optimal conditions. The aim of our study was to determine the most reliable combination of cartilage source and assay for the in vitro postmortem chondrocyte viability analysis in the conditions that imitate a dead body. Osteochondral cylinders were procured from femoral condyles and talar trochleas of three male donors and stored in the cell culture media at 4 ± 2°C and 23 ± 2°C. The samples were analyzed by a cell viability analyzer and a confocal laser scanning microscope (CLSM) initially 24–36 h after death and then in 4‐week intervals. The results reconfirmed the significant influence of time (p = 0.0002), but not of the temperature (p = 0.237). The largest reproducibility was presented for the knee joint and the CLSM.     

(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

Corporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.     

人工智能时代背景下警务工作面临的机遇与挑战

当前,人工智能技术方兴未艾,从人工智能的技术基础、内驱需求、发展潜力、市场规模、制度构建等方面都可证成人工智能时代已经到来.人工智能可以缓解警力不足、减少警察伤亡、提高警务工作效率;但同时,警务工作也将面临新的职业风险和职业困惑,警察组织也将面临新的结构调整.对此,警务工作应当乘人工智能发展之东风,直面风险与挑战,牢牢...     

Comparative Institutional Analysis,the European Court of Justice and the General Principle of Non‐Discrimination—or—Alternative Tales on Equality Reasoning

The general principle of equality in European law is often held to be inconsistently applied by the European Court of Justice (ECJ) and insufficiently supported by methodology. Contrary to this assessment, this paper argues that there is substantial coherence and theoretical underpinning to the court's equality reasoning. First, it shows that the respective case‐law can be subdivided into three groups, depending on the level of scrutiny applied. Second, it establishes that the prevailing accounts have difficulty in explaining the court's choice of scrutiny due to their limited selection of analytical parameters. Third, it concludes that comparative institutional analysis offers an alternative framework to make the ECJ's testing approaches in equality matters more intelligible.     

构建和谐社会与新时期司法行政工作

构建社会主义和谐社会,是当前全党、全国各项工作的指导方针和宏伟目标,也是加强党的执政能力建设的重要内容。构建和谐社会目标的提出,给司法行政工作带来了新的机遇和动力,同时也提出了新的任务和挑战。我们要以此为契机,努力实现司法行政工作新的历史跨越和发展。一、构建和