INTRODUCING PERSPECTIVES IN FAMILY LAW AND SOCIAL SCIENCE RESEARCH

This article provides an editorial introduction to the following three related articles on the growing use and influence of social science research in family law. It first considers why this has become problematic and identifies some common strategies used by advocates, sometimes under the guise of scholarship, to destroy the standing of research findings contrary to their ideological or political position. Then it discusses briefly the remedies proposed to mitigate these kinds of problems within the following three articles.     

Die Berücksichtigung von Auswirkungen auf charakteristische Arten der Lebensräume nach Anhang I der FFH-Richtlinie in der FFH-Verträglichkeitsprüfung Anmerkungen zum Urteil des Bundesverwaltungsgerichts vom 16. März 2006 – 4 A 1075.04 (Großflughafen Berlin-Brandenburg)

Das Bundesverwaltungsgericht hat in seinem Urteil vom 16.3.2006 zum Gro?flughafen Berlin-Brandenburg in einem Leitsatz festgestellt, dass das FFH-Schutzregime, dem bestimmte Biotope unterliegen, sich nicht auf V?gel erstreckt, denen das betreffende Biotop als Habitat dient. Diese Feststellung führt zu der Frage, inwieweit charakteristische Arten von Lebensr?umen nach Anhang I FFH-RL in der FFH-Vertr?glichkeitsprüfung nach § 34 BNatSchG überhaupt bewertungsrelevant sind. Der Beitrag setzt sich dazu mit dem Urteil kritisch auseinander.     

CHILD SUPPORT GUIDELINES

From a conflict resolution perspective, it is clear why the child support guidelines are not going to reduce the adequacy and compliance gaps in child support payment conflicts between parents. As it stands, the conflict over equally sharing child support is destructive rather than positive. The guidelines do not reframe the conflict for the parents, enabling them to believe the interests of children are more important than their own interests to win the child support battle. To transform conflict from destructive to positive, the elements of conflict–expression of the conflict, scarce resources and rewards, and interdependency–must be transformed. It is argued that the guidelines do not transform the conflict but facilitate it. Courts and attorneys are also significant players in the child support conflict.     

High performance liquid chromatographic determination of alcohols with reference to body distribution of methanol

A method has been developed on reverse phase high performance liquid chromatography for simultaneous determination of methyl, ethyl and isopropyl alcohols under refractive index detection using pure water as the mobile phase. A good separation has been achieved between these alcohols. Detector response was linear with a detection limit of 5 mg/100 ml. Recovery studies were performed by adding known amounts of methyl and ethyl alcohols to blood, lung and liver within the range 80–90%. The reproducibility of the results was always >90%. The quantitative distribution of methyl alcohol in postmortem body tissues and fluids has been reported in three cases of poisoning.     

国际环境争端解决机制研究

解决和避免国际环境争端已成为近年来备受关注的论题。无论是在1992年联合国环境与发展大会期间还是新近多边环境协定的谈判和实施过程中,国际环境法的遵守问题都引起了各国政府和国际法学者的关注。多边环境条约、联合国海洋法公约以及WTO规则,是国际环境争端解决机制的主要法律渊源。在一定范围内,这些多边条约和条约体系相互影响、相互推动,又相互矛盾和冲突,呈现出国际环境争端解决机制的独特发展形态。     

A CROSS‐NATIONAL TEST OF BONGER'S THEORY OF CRIMINALITY AND ECONOMIC CONDITIONS*

Using international data for 100 countries, we test two hypotheses derived from Bonger's Marxian theory of crime. The analyses support the hypothesis that the degree of capitalism significantly predicts homicide rates, but they fail to confirm that the de‐moralization of the population (loss of moral feelings for others) mediates the relationship between capitalism and homicide. Although capitalism is not the best predictor among those considered, overall, the results underline the importance of Bonger's ideas because both capitalism and corruption (our indicator of de‐moralization) show reasonably strong relationships with homicide rates and compete with other variables commonly used as predictors of international homicide rates. The results confirm the usefulness of attempting to subject Marxian ideas to positivist, quantitative tests, with an eye to integrating Marxian theories with other mainstream theories, such as institutional anomie theory.     

DNA commission of the International Society of Forensic Genetics: Recommendations on the interpretation of mixtures

The DNA commission of the International Society of Forensic Genetics (ISFG) was convened at the 21st congress of the International Society for Forensic Genetics held between 13 and 17 September in the Azores, Portugal. The purpose of the group was to agree on guidelines to encourage best practice that can be universally applied to assist with mixture interpretation. In addition the commission was tasked to provide guidance on low copy number (LCN) reporting. Our discussions have highlighted a significant need for continuing education and research into this area. We have attempted to present a consensus from experts but to be practical we do not claim to have conveyed a clear vision in every respect in this difficult subject. For this reason, we propose to allow a period of time for feedback and reflection by the scientific community. Then the DNA commission will meet again to consider further recommendations.     

The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.