论我国未成年人监护制度的完善

未成年人监护制度是监护制度的重要组成部分,它不仅关系到保护未成年人的合法权益,而且还关系到社会秩序的稳定。目前,我国监护制度中还存在着监护机构设置不合理、监护人的选任缺乏一定的标准、监护人的职责及权利不明、监护的种类不全等问题。为了更好地保护未成年人的利益,针对上述不足,提出自己的建议。     

美国退伍军人的安置机制

退伍军人的安置是关系到稳定军心、保持军队战斗力和维护社会稳定的大事,世界各国都极为重视。美国作为全球头号军事强国,素有重视退伍军人安置的传统。多年来,美国已形成了一套完备的退伍军人安置机制,其中很多经验值得借鉴。一、退伍军人概况据2005年5月30日《今日美国报》报道,截止2004年9月全美有退伍军人近2480万①,占美国总人口的9%。其中,近3/4曾在战争中服役或参加过正式的军事冲突:一战老兵在世极少,二战老兵392万,朝鲜战争老兵342万,越南战争老兵815万,海湾战争老兵410万,和平时期老兵632万。退伍军人的平均年龄为58.9岁,其中45岁…     

A study of the use of Ephedra in the manufacture of methamphetamine

The Ephedra plant has been identified as an excellent source of ephedrine and pseudoephedrine, both of which can be chemically reduced to form the widely abused illicit drug methamphetamine. Ephedra contains several additional alkaloids that undergo analogous reductions to form amphetamine and N,N-dimethylamphetamine (also drugs of abuse). The main alkaloids obtained from the Ephedra plant have been reduced using four common methods used by the clandestine operator. The intermediates and byproducts of these reductions have been identified and/or tentatively assigned and the mechanism of formation discussed.     

Use of the MMPI-2 Restructured Clinical (RC) Scales in Detecting Criminal Malingering

The purpose of the present study was to assess the effects of criminal malingering on the MMPI-2 Restructured Clinical (RC) scales. Sixty undergraduate students were given the MMPI-2 twice. One administration was conducted according to the MMPI-2 manual, and the other was given with a special set of malingering instructions specific to a prison setting. The two MMPI-2 profiles for each participant were scored for both the Basic and RC scales. Eight participants were eliminated from the data analysis due to validity (VRIN or TRIN) concerns. Data from the remaining 52 participants were analyzed using a 2 × 2 repeated measures ANOVA. Results showed that, as expected, the participants achieved higher MMPI-2 scores in the malingering condition. Also, participants achieved higher scores overall on the Basic scales and a significant interaction showed that participants achieved higher scores on the Basic Scales in the malingering condition than on the RC scales in that condition. These results supported prior research, indicating that malingerers produce elevated RC profiles. However, the present results also suggest that the Basic scales may be more effective in actually detecting malingerers, mainly due to the much lower ceiling on the RC scaled scores. Further implications of these findings for research and clinical work are also discussed.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.     

A new method for the recovery and evidential comparison of footwear impressions using 3D structured light scanning

Footwear impressions are one of the most common forms of evidence to be found at a crime scene, and can potentially offer the investigator a wealth of intelligence. Our aim is to highlight a new and improved technique for the recovery of footwear impressions, using three-dimensional structured light scanning. Results from this preliminary study demonstrate that this new approach is non-destructive, safe to use and is fast, reliable and accurate. Further, since this is a digital method, there is also the option of digital comparison between items of footwear and footwear impressions, and an increased ability to share recovered footwear impressions between forensic staff thus speeding up the investigation.     

The United States naval blockade of Iraq: a foreign policy and international law analysis

This is the second of a two part essay by Commander Rosen into the causes of the Iraqi invasion of Kuwait, the modern law of blockade, the political wisdom and the lawfulness of imposing a limited blockade of Iraq. Defects in the current regime of blockade were explored.

In part II, Commander Rosen closely explores the legal justification for the U.S. use of force in response to the Iraqi invasion of Kuwait. It is frequently overlooked that the U.S. naval blockade (it was called a “naval interdiction”) was a U.S.-only operation from August 12th until August 25, 1990. As a pedagogical exercise, this period is extremely important because the U.S. use of force (by its naval units), in response to a written request by deposed Emir of Kuwait, must be justified under the U.N. Charter to be proper under international law. Once the U.N. Security Council authorized the use of force on August 25, 1990 to enforce the U.N. embargo, then the operation became one in which the U.N., as a corporate body, was acting. Since most low intensity conflicts since 1945, have involved lawful use of force issues outside of Security Council purview, the U.S. unilateral military action (blockade) against Iraqi shipping must be analyzed. It is reasonable to anticipate that future controversies of this sort will occur because of philosophic divisions among the U.N. Security Council permanent members or because there is anaequate time for the U.N. “Security Council to meet and obtain the forces required to insert into a region of conflict. Resurrection of the moribund U.N. Military Staff Committee might be one of the lessons learned from this particular episode.

The United States had the benefit of a U.N. resolution on August 25, 1990 to justify its naval action. Before that date, the legal issue arises whether, in the early stages, national self-defense grounds permitted the use of force against Iraq (blockade) since deprivation of assured access to critical materials (oil) can be considered an act of aggression under some theories of international law. Commander Rosen concludes that the low intensity blockade was probably not authorized, under a theory of national self-defense, because the U.S. had no hard evidence on August 12, 1990 (the day the blockade commenced) that Saddam Hussein would deprive the U.S. of access to Gulf Oil supplies. But, because of the pervasive interdepencies of world economies, world food supplies, and petroleum access, the case was extremely close.

The customary international law of intervention (protection of nationals or humanitarian) and the law of collective self-defense was explored relative to the U.S. imposition of a limited naval blockade. Commander Rosen concludes that intervention theory will not support the limited naval blockade since there was insufficient evidence that U.S. citizens were in imminent danger (as in Grenada) and the blockade operation was too limited and indirect in scope to produce the type of rapid results which have come to be associated with a humanitarian intervention (as in the Congo). But, since Kuwait’s territorial sovereignty had been grossly violated as a result of illegal aggression, Kuwait was privileged under the U.N. Charter to request and receive defense assistance from the United States under Article 51 to recover lost territory. Arguments that the right to act in collective self-defense under Article 51 is limited to the nation which itself is attacked (or a nation closely aligned with the victim) are rejected as contrary to the U.N. norms of promoting community resistance to illegal aggression.

While the Persian Gulf dispute has resulted in open hostilities, international law issues existed whether, in the early stages, the blockade was militarily necessary and whether the blockade could be extended to the Jordanian port of Aqaba, because of conflicting reports as to Jordan’s adherence with the U.N. embargo, were explored. International law would probably not support an extension of the blockade to Aqaba because it would be seen an improper interference with Jordan’s neutrality. Similarly, forbidding the passage of U.N. medical and food convoys into Iraq was seen as a breach of international law provided such shipments were specifically authorized and supervised by the U.N. security council (to ensure that the food was only distributed to civilians).     

Analysing the application of Brussels I in regulating e-commerce jurisdiction in the European Union – Success,deficiencies and proposed changes

This article analyses the regulatory framework of e-commerce jurisdiction in the European Union (EU). Firstly, it discusses and analyses the current regime under the Brussels Regulation, highlighting its success in consumer protection and the deficiencies for e-commerce jurisdiction, which need to be addressed. Secondly, the article compares the EU regime with that of the United States (US). It is argued that the US courts follow uncertain and distinct approaches compared to the clear rules of the Brussels Regulation. Their present approach of minimum contacts analysis as followed in the Yahoo! case poses problems for a transnational EU litigant in similar cases. Thirdly, the article examines the recent proposals adopted by the European Commission to remedy the deficiencies in the Regulation. The most important change proposed is the inclusion of third-state defendants within its ambit. It is argued that the changes to be adopted by the European Parliament are insufficient, and the author therefore provides recommendations. Lastly, the article highlights the inability of the proposed changes to address the deficiencies identified by the discussion.     

Europeanisation with Many Unknowns: National Company Law Reforms after Centros

Negative integration through the expansive interpretation of European market freedoms is said to undermine domestic social regulation – by vertically imposing a strictly liberal interpretation of EU rules and by pushing EU member states into horizontal regulatory competition. This article analyses domestic policy responses to one particularly prominent instance of negative integration: the CJEU’s case law on the freedom of establishment since its first landmark ruling on Centros in 1999. The analysis shows that national company laws have only converged downwards in one particular subfield – minimum capital requirements – but they remain strikingly diverse across, and increasingly within, member states on most other issues, such as workers’ codetermination rights. Legal uncertainty about the Court’s case law, the mixed economic incentives it provides for firms and political disagreement about appropriate policy responses leave considerable space for differential Europeanisation. The crisis adds to these uncertainties and thus reinforces the trend towards differentiation rather than convergence.     

Immigration,Latinos, and White Partisan Politics: The New Democratic Defection

Immigration is profoundly changing the racial demographics of America. In this article, we seek to understand if and how immigration and increasing racial diversity are shaping the partisan politics of individual white Americans. We show that whites’ views on immigration and Latinos are strongly related to their core political identities and vote choices. Using a range of different surveys, we find that, all else equal, whites with more anti‐immigrant views or more negative views of Latinos are less apt to identify as Democrats and less likely to favor Democratic candidates. This rightward shift harkens back to an earlier period of white defection from the Democratic Party and highlights the enduring but shifting impact of race on American politics.