Examining the relationship between school suspensions/expulsions and felonies

This paper examines the suspensions and expulsions of students. Using individual student pupil (rather than incident) data, this research examines whether these rates are driven by a few high-volume offenders and whether high-volume offenders become felons. This study uses the number of students at three levels of violations: 0 offenses, 1–3 offenses, and four or more offenses. The authors also examined the relationship between the three groups of violators and committing a felony as a juvenile. The number of offenses per student ranged from 0 to 31. Findings indicated that those with 0 school infractions had no felonies, while the other two groups of violators 1–3 and four or more had a similar numbers of felonies. Implications for developmental models of delinquency are discussed.     

Reframing the racial disparities issue for state governments

Although racial and ethnic disparities in health have been on the federal government's agenda since 1985, no policy reforms have significantly reduced disparities. The question arises whether states can effectively address this issue without waiting for solutions from the national government. The purpose of this article is to propose ways of reframing the disparities issue that might give state policy makers more leverage and might strengthen political will to address the issue. I suggest a moral frame based on a concept of distributive justice in which medical care must be distributed according to need. I explain the rationales for such a frame and consider its strategic advantages and disadvantages. In the last section, I suggest some policies based on this framing that are within the power of state legislatures.     

“事先知情同意”制度在我国的适用

生物遗传资源是国家的战略资源之一。《生物多样性公约》首次引入事先知情同意制度,有关国际公约、国际准则及其他国家的立法实践都不同程度予以采纳。我国生物遗传资源流失严重,而国内有关生物遗传资源获取和保护的立法严重匮乏。我国应及早设立符合我国国情的PIC制度,完善相关申请、批准制度,保证惠益分享安排公正合理,维护国家利益和国家安全。     

Using self- and peer assessment at honours level: bridging the gap between law school and the workplace

Growing awareness and interest in pedagogical issues permit greater experimentation with the design and delivery of law teaching. While employability skills are now commonplace within the law curriculum, the development of graduate attributes can also be enhanced through assessment methods requiring students to apply clearly understood criteria to their own performance. Where students are allocated work-related tasks, moderated self- and peer assessment can also help replicate the sense of “real” situations and act as an even more powerful stimulus to learning. The article considers staff and student perceptions of group-based learning in which assessment is considered both a means to “deep learning” and an end in itself insofar as students are allocated the task of formally recommending grades for coursework. Recognising that student-led learning and student-driven assessment are still relatively unorthodox in law teaching, the article concludes that this form of assessment method can clearly assist learning and the enhancement of graduate attributes and moreover can be justified objectively by reference to standard assumptions of validity, reliability, convenience and integrity.     

商标法中在先权利的法理分析

在先权利是一个开放的抽象概念.由于对在先权利的对象所包含的信誉与影响力的搭便车行为违反了商标法所追求的维护公平正当的市场竞争秩序的宗旨,也造成商标权人不当得利,各国法律均保护在先权利.但就我国商标法的在先权利条款而言,其内容构成的不同理解思路产生了不同的在先权利保护效力.我国司法实践将知识产权法与民法通则所明确规定的权利以及合法利益都归为在先权利,均能够适用商标法规范直接撤销在后的商标注册,从保护体系协调看,这一定位是符合公平原则的.     

Prior similar acts in prosecutions for rape and child sex abuse

Conclusion The final question raised by the Bush administration proposal is whether its adoption would inevitably undermine the general rule limiting the introduction of prior acts. Of course, the proposal is limited on its face to prior acts of rape and child sex abuse, and the arguments based on greater likelihood of repetition are by their nature applicable only to a limited class of offenses. However, the doctrine of chances argument is applicable to any offense, and it has the potential to override the traditional rules strictly limiting the introduction of prior acts evidence.This article was originally presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.B.A., University of Michigan 1971; J.D., University of Michigan 1974.     

German and Swedish procedures as models for the empowerment of racial minority women in rape trials

Drawing on the concept of intersectionality developed by Crenshaw, this article analyses the erasure of racial minority women in rape cases, and assesses the ways in which English adversarialism compounds this erasure. It outlines the contours of a transformative procedure for rape trials that includes racial minority women's experiences of intersectional oppression. Based on a comparative analysis of German and Swedish law, it contends that the introduction of auxiliary prosecutors or victims' lawyers in the U.K. would contribute to the generation of a space for the inclusion of such experiences within adversarial trials. It invokes recent jurisprudence of the European Court of Human Rights, as well as Council of Europe provisions, to argue that auxiliary prosecutors or victims' lawyers would not infringe defendants' right to a fair trial, and concludes that objections to their introduction in the U.K. are not persuasive.     

Testing the racial profiling hypothesis for seemingly disparate traffic stops on the New Jersey Turnpike

This paper describes two studies designed to produce benchmark values with which to compare police stop data in an effort to assess racial profiling. Racial profiling is often measured by comparing the racial and ethnic distribution from police stop rates to race and ethnicity data derived from regional census counts. However, benchmarks may be more appropriate that are based on (1) the population of drivers or (2) the population of traffic violators. This research surveyed drivers on the New Jersey Turnpike and produced benchmark distributions reflecting these two populations. Benchmark values then were compared to police stops collected from State Troopers patrolling the Turnpike. The results revealed that the racial make‐up of speeders differed from that of nonspeeding drivers and closely approximated the racial composition of police stops. Specifically, the proportion of speeding drivers who were identified as Black mirrored the proportion of Black drivers stopped by police. This finding may explain the differences found between police stop rates and regional census data that are often interpreted as evidence of racial profiling. Interpretation and limitations of the results are discussed.     

专利侵权事先约定赔偿规则的构建与适用

《最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释(二)》明确了专利侵权事先约定赔偿方式的可适用性.专利侵权事先约定赔偿制度旨在减轻权利人举证负担、加强专利权保护力度,也体现出对契约精神的充分尊重,构成对当事人自由意志的保护.该制度的构建与运行须建立在现有法律制度的基础之上,以确保法律体系的一致性.因此,厘清相关规则间的逻辑关系,有助于确保约定赔偿条款适用的正当性、提高法律的预见性.本文着重探讨了约定赔偿数额的可调整性、约定赔偿与法定赔偿的界限、约定赔偿的适用条件等问题,试为事先约定赔偿制度的解读提供一点思路.     

美国专利法中的现有技术抗辩

在美国,现有技术抗辩是对等同原则的限制,与相同侵权无关。从wilson案到Presto案、Fiskars案,现有技术抗辩在美国逐渐获得独立于等同原则的地位,成为积极的抗辩手段,并在这一过程中确立了一系列适用规则。     

Carrying weapons to school for protection: An analysis of the 2001 school crime supplement data

This study focused on the reasons why adolescents bring guns to schools. It is argued that the etiology for carrying other weapons to school is not the same as that for carrying a gun to school for protection. Data from a nationally representative sample of school youth were analyzed with an appropriate analytic technique—multinomial logistic regression in dealing with nominal dependent variable. The results supported the hypotheses that both correlates and correlational strengths of carrying guns and other weapons to school for protection are different. Such factors as others' drug use, gangs at school, skipping school, perception, and age influence the probability of carrying other weapons to school, but are not related to carrying a gun to school. The three factors that relate to both carrying a gun and other weapons to schools are physical fights, peers' carrying guns, and gender. Their correlational strengths, however, are quite different.     

美国先占优先权制度研究

先占优先权主要适用于美国西部,它依据"先占优先原则"确立用水权,即"先占用水体并将其投入有益使用者优先享有用水权".先占优先权与用水的优先级别存在很大差别,它包括主体、先占时间的确定、占用、客体以及优先权等五项要素.先占优先权可因抛弃、没收和时效原因而丧失.     

欧美企业集中事前申报制度比较研究

欧盟和美国的企业集中事前申报制度在适用范围、申报程序及执法机关职权方面存在重大差异。我国应以“形成新的单一经济体”为企业集中事前申报的前提条件,采取当事人规模和交易规模相结合的方式界定事前申报的规模要件,赋予执法机关充分的调查权、最终决定权和处罚权,同时限制其审查期限。     

Searching for direction: Courts,social science,and the adjudication of racial profiling claims

As an issue of contemporary legal and social concern, racial profiling has become part of the national discourse. As claims of racial profiling proliferate, courts are struggling to adjudicate them without sound social science research on law enforcement stop practices. This article reviews the methodological and analytical weaknesses inherent in most of the research on racial profiling and illustrates how these weaknesses have caused problems for courts in deciding racial profiling claims. It also presents a methodological strategy for curing many of the defects in previous racial profiling studies, thereby providing courts with a sound basis for deciding equal protection-based claims that often rely on statistical evidence.     

Race matters: A critical look at racial profiling, it's a matter for the courts

The disproportionate number of minority motorists stopped by the police gives rise to a host of salient questions which center on contemporary police practices. Research has shown that traffic stops are routinely used as a “pretext” to stop minority drivers. In this article, the authors argue that the current police practice of disproportionately stopping minority motorists was formally sanctioned by the Supreme Court in Whren v. United States (1996). The current thrust to examine police practices will do little to end racial profiling, and the underpinnings of this problem, in part, lie in judicial precedent. The authors present the notion that in order to minimize racial profiling, the court must carve out an objective test from the Whren decision that will guide police behavior in the pretextual stops of motorists. The article concludes with a template of what this objective test may look like.