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1.
Despite World Trade Organization (WTO) principles of non-discrimination,the European Community (EC) operates special anti-dumping proceduresagainst certain former State-trading nations, arguing that intransition economies, prices do not fulfil the same functionas in market economies, thus being an unreliable indicator forthe purpose of anti-dumping calculations. This paper discussesthe question of whether these procedures nullify the benefitsor impede the attainment of any objective of the WTO. Whilethis approach is based on out-dated legal concepts mirroringpolitical and economic conditions of the twentieth century,it remains questionable how effective and necessary it is tooffset unfair trading practices in a globalized economy. Ultimately,WTO rules are sufficiently flexible to deal with price discriminationsfrom transition economies without resorting to principles thatare frustrating in their application and produce questionableadministrative results.  相似文献   

2.
The use of computers in the commission of crime, so-called ??cybercrime??, presents a considerable challenge to law enforcement. Central to the prosecution of cybercrime is the offence of unauthorised access to a computer, or ??hacking??. Originally conceived of as analogous to trespass, the trend in some jurisdictions has been toward punishing access to computer data per se. This issue also arises under the Council of Europe Convention on Cybercrime which criminalizes ??offences against the confidentiality, integrity and availability of computer data and systems??. As the criminal law traditionally provides protection only to limited forms of information, the increasing use of the criminal law to protect computer data therefore confers on it a status not enjoyed by information stored in other forms. Drawing upon the laws of Australia, the United Kingdom and the United States, this article explores the increasing criminalization of access to computer data. It describes the evolution of cybercrime laws and considers ways in which problems of over breadth may be avoided. Questions will also be raised as to the appropriate role of the criminal law in protecting information.  相似文献   

3.
Article 35 of the GDPR introduces the legal obligation to perform DPIAs in cases where the processing operations are likely to present high risks to the rights and freedoms of natural persons. This obligation is part of a change of approach in the GDPR towards a modified compliance scheme in terms of a reinforced principle of accountability. The DPIA is a prominent example of this approach given that it has an inclusive, comprehensive and proactive nature. Its importance lies in the fact that it forces data controllers to identify, assess and ultimately manage the high risks to the rights and freedoms. However, what is first and foremost important for a meaningful performance of DPIAs, is to have a common and objective understanding of what constitutes a risk in the field of data protection and of how to assess its likelihood and severity. The legislature has approached these concepts via the method of denotation, meaning by giving examples of (highly) risky processing operations. This article suggests a complementary approach, the connotation of these concepts and explains the added value of such a method. By way of a case-study the article also demonstrates the importance of performing complete and accurate DPIAs, in terms of contributing to improving the protection of personal data.  相似文献   

4.
5.
This article presents the findings of an ethnographic exploration of heroin use in a disadvantaged area of the United Kingdom. Drawing on developments in continental philosophy as well as debates around the nature of social exclusion in the late-modern west, the core claim made here is that the cultural systems of exchange and mutual support which have come to underpin heroin use in this locale—that, taken together, form a ‘moral economy of heroin’—need to be understood as an exercise in reconstituting a meaningful social realm by, and specifically for, this highly marginalised group. The implications of this claim are discussed as they pertain to the fields of drug policy, addiction treatment, and critical criminological understandings of disenfranchised groups.  相似文献   

6.

Objective

The current study proposes unique methods for apportioning existing census data in blocks to street segments and examines the effects of structural characteristics of street segments on crime. Also, this study tests if the effects of structural characteristics of street segments are similar with or distinct from those of blocks.

Methods

This study compiled a unique dataset in which block-level structural characteristics are apportioned to street segments utilizing the 2010 U.S. Census data of the cities of Anaheim, Santa Ana, and Huntington Beach in Orange County, California. Negative binomial regression models predicting crime that include measures of social disorganization and criminal opportunities in street segments and blocks were estimated.

Results

The results show that whereas some of the coefficients tested at the street segment level are similar to those aggregated to blocks, a few were quite different (most notably, racial/ethnic heterogeneity). Additional analyses confirm that the imputation methods are generally valid compared to data actually collected at the street segment level.

Conclusions

The results from the street segment models suggest that the structural characteristics from social disorganization and criminal opportunities theories at street segments may operate as crucial settings for crime. Also the results indicate that structural characteristics have generally similar effects on crime in street segments and blocks, yet have some distinct effects at the street segment level that may not be observable when looking at the block level. Such differences underscore the necessity of serious consideration of the issues of level of aggregation and unit of analysis when examining the structural characteristics-crime nexus.
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7.
The increasing demand for rapid methods to identify both inorganic and organic gunshot residues (IGSR and OGSR) makes electrochemical methods, an attractive screening tool to modernize current practice. Our research group has previously demonstrated that electrochemical screening of GSR samples delivers a simple, inexpensive, and sensitive analytical solution that is capable of detecting IGSR and OGSR in less than 10 min per sample. In this study, we expand our previous work by increasing the number of GSR markers and applying machine learning classifiers to the interpretation of a larger population data set. Utilizing bare screen-printed carbon electrodes, the detection and resolution of seven markers (IGSR; lead, antimony, and copper, and OGSR; nitroglycerin, 2,4-dinitrotoluene, diphenylamine, and ethyl centralite) was achieved with limits of detection (LODs) below 1 µg/mL. A large population data set was obtained from 395 authentic shooter samples and 350 background samples. Various statistical methods and machine learning algorithms, including critical thresholds (CT), naïve Bayes (NB), logistic regression (LR), and neural networks (NN), were utilized to calculate the performance and error rates. Neural networks proved to be the best predictor when assessing the dichotomous question of detection of GSR on the hands of shooter versus nonshooter groups. Accuracies for the studied population were 81.8 % (CT), 88.1% (NB), 94.7% (LR), and 95.4% (NN), respectively. The ability to detect both IGSR and OGSR simultaneously provides a selective testing platform for gunshot residues that can provide a powerful field-testing technique and assist with decisions in case management.  相似文献   

8.
The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.  相似文献   

9.

Objectives

Given the growing reliance on longitudinal self-report data for making causal inferences about crime, it is essential to investigate whether the within-individual change in criminal involvement exists and is not a measurement artifact driven by attrition or survey fatigue—a very real possibility first identified by Lauritsen (Soc Forces 77(1):127–154, 1998) using the National Youth Survey (NYS). The current study examines whether the same threats to the validity of within-individual change in criminal involvement exist in the National Longitudinal Survey of Youth 1997 cohort (NLSY97).

Methods

We first estimate cohort-specific growth curve models of general crime, arrest, and substance use, and then test the difference between the age–crime curves of adjacent cohorts. We take a general approach to test cohort differences in the growth curve models, which advances the existing method separately modeling for each pair of adjacent cohorts. To explore the sources of cohort differences, we also estimate separate growth curve models by individual crime item and by demographic group.

Results

We document non-standard cohort differences between the age–crime curves of adjacent cohort pairs that are consistent with the findings of Lauritsen (1998) on measures of self-reported offending. However, the size of the cohort effects in the NLSY97 is substantially smaller than those in the NYS. We also found that the cohort effects were only evident in some of the survey items. Moreover, we did not identify any similar cohort issues in the longitudinal measure of arrest.

Conclusions

The findings of cohort effects localized in a certain crime items and demographic groups may mitigate concerns over the limited validity of longitudinal self-report data. We discuss how the survey techniques used in the NLSY97 might explain our findings and suggest an area of future study to explicate remaining cohort differences.
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10.
The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.  相似文献   

11.
This paper examines the linkage between crack market activity and gunhomicide suggested by Blumstein (1995), who argues that the arrival ofcrack stimulated an increased availability of guns among juveniles. Thisgreater availability of guns, the argument continues, is responsible for thesharp upswing in juvenile homicide experienced in the United States in themid-1980s. Using city-level data on crack arrests and gun-related juvenilehomicide, we fit a change-point version of the Bass (1969) model ofinnovation diffusion. We find that, in most large American cities, thediffusion process for crack cocaine experienced an onset of dramatic growththat was followed by a similar, slightly slower growth in gun homicidescommitted by juveniles. We further use cluster analysis to find that thespatial patterning of the two processes is similar, starting on the East andWest Coasts and working their way toward other regions of the nation. Gunuse in homicide among slightly older offenders (ages 18–24) alsoexperienced a change at roughly the same time as the juveniles, but the rateof diffusion was considerably milder than for the younger group; offendersages 25 or older generally show no growth in gun-related homicide whatsoever. In addition, there is no detectable surge in juvenile nongun homicide activity. Based on these findings, we conclude that the crack cocaine markets–gun availability linkage is highly plausible, and we suggest directions for future research in clarifying the dynamics of the late-1980s surge in juvenile homicide.  相似文献   

12.
13.
This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.  相似文献   

14.
《Justice Quarterly》2012,29(1):147-162
The errors associated with measuring the number of militia and patriot groups may cast doubt on conclusions drawn from prior studies of the spatial variation of these movements. Most studies of militias have been qualitative investigations of a single group, state, or region. A growing number of studies, however, have used quantitative techniques to assess the hypothesis that the number of militia groups by state covaries with structural and cultural forces. We outline a number of concerns with the validity of the counts, conducted by the Anti‐Defamation League and the Southern Poverty Law Center, used by these studies. We re‐estimate models from previous studies using the four alternative measures of these groups employed in prior studies. We find that many inferences drawn for identical theoretical models differ based upon the measure used. These discrepancies apply not simply to tangential control variables but to indicators of key theoretical constructs. In other words, the decision as to whether or not a particular theoretical framework receives empirical support often depends upon which measure of the dependent variable is used. This suggests that the inconsistent findings in prior research may be due to measurement error and makes it difficult to assess the validity of the conclusions drawn from these studies. It is important to be aware of these weaknesses since scholars studying political crimes and related phenomena often use information from similar sources, making this specific example relevant to a more general area of research.  相似文献   

15.
The commentary by academics on the proposed European General Data Protection Regulation in [2013] 29 CLSR 180 has provoked thoughts in response. The responder strongly agrees with the doubts expressed about the definition of personal data, anonymisation and the identifiability of individuals. On the other hand, he disagrees with the views on consent and legitimacy and proposes support for a risk-based approach to data protection. He suggests that data protection does not need to be defended from the attack that it stifles business, but is justifiable for its assertion of fundamental rights. In conclusion, he shares the criticism of the European Commission's delegated and implementing powers and is concerned that the Regulation will be rushed to a conclusion for reasons of political ambition.  相似文献   

16.
17.
e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000  相似文献   

18.
美国国务院专门负责亚洲与太平洋事务的高官,著名的中国问题专家,曾任国务卿鲍威尔亚洲事务助理的唐纳德·凯泽(DonaldKeyser)与年轻漂亮的台湾女情报员的私通,就像英国间谍小说家笔下的人物,充满神奇和浪漫。但这绝不是小说,而是发生在美国与中国台湾之间的间谍案。2006年7月1  相似文献   

19.
Owing to the unique qualities of genetic data, there have been numerous criticisms of the current data protection framework's ability to protect genetic data. It has been suggested that the Directive did not recognise the sensitivity of genetic data and that it ignored a number of legitimate interests in this data (in particular interests which multiple data subjects may have and those which may remain in anonymous data). In 2012, the first results of a reform process of EU data protection law were released. These results included a draft Regulation (to replace the Directive) which introduced a new framework for the protection of genetic data. This Article considers whether the innovative approach to genetic data in the Regulation will provide a more adequate framework for the protection of genetic data. It concludes that the Regulation has rectified the lack of recognition of sensitivity, but still stutters in recognising a number of legitimate interests.  相似文献   

20.
Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.  相似文献   

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