Crafting the Greenbook: framers reflect on the vision, process, and lessons learned

Guided by research and the experiences of judges nationwide, the National Council of Juvenile and Family Court Judges made a commitment in 1998 to improve community response to families experiencing domestic violence and child maltreatment. A year later, the council's work culminated in a set of recommendations commonly called the Greenbook, which summoned child welfare agencies, domestic violence service providers, and dependency courts to implement internal changes and collaborate to address co-occurring domestic violence and child maltreatment. In 2000, the federal government funded six community-based demonstration programs to implement the Greenbook recommendations. As part of the evaluation of the Greenbook initiative, the evaluation team asked the national experts who helped frame the Greenbook to reflect on the processes used and the decisions that shaped the document. In addition, the experts were asked to describe their expectations for the systems and communities that implemented the recommendations, including anticipated challenges.     

The Localism Act 2011: The Hollow Housing Law Revolution

In November 2011, the Localism Act was passed and, on one view, reflects the widest‐ranging reforms to housing law for over a half century. Ambitious in its stated aims, the legislation was trailed as representing a broad shift in power from central Whitehall to local communities and individuals. The article critically examines the central changes introduced by the 2011 Act as they pertain specifically to housing law in England, namely the new flexible tenancy regime, the changes to homelessness duties under Part VII of the Housing Act 1996 and the reforms concerning the allocation of social housing. The article interrogates the extent to which the reforms realise the stated localist agenda and highlights areas of difficulty in interpretation and application. It concludes that rather than bestowing greater power on local communities, the reforms to housing law will instead effect a perceptible reduction of power in the hands of local people.     

"Interdependence": The Reality,the Concept,and the Policy

During the entire postwar period, the term "interdependence" has figured repeatedly in statements by American governmental figures and in the writings of bourgeois political scientists. In the past two or three years, it has acquired a new ring. Whereas previously American expressions regarding "interdependence" applied to relationships within the framework of NATO, today they have to do with a considerably broader sphere of foreign policy relationships of the United States, including those involving the entire capitalist world and the developing countries. In a number of cases, American writers working on the "interdependence" problem have also included certain aspects of the relation between capitalist and socialist states. They undertake to analyze, from the standpoint of bourgeois political science, various aspects of "interdependence" — economic, physical-geographical (deriving from mankind's ever more intensive joint utilization of the atmosphere, the waters and floor of the world ocean, near outer space, solar and subsurface energy, etc.), military-political (having to do with the threat of destruction of world civilization should a nuclear war occur), cultural, and so on.     

核心能力刚性的维度、机理与超越

核心能力和核心能力刚性是一个硬币的两面.从核心能力的来源来看,核心能力刚性存在着战略调整刚性、管理程序和惯例刚性、组织结构刚性和企业文化刚性等四个维度.它们的形成既有一般的机理,也有其自身特殊的机理.其形成机理的异质性决定了不同核心能力刚性的超越手段有很大差异,需要组织的管理者针对不同的核心能力刚性采取相应的措施和手段.     

实现伟大“中国梦”与社区社会主义核心价值观建设

加强社区社会主义核心价值观建设,能够提升社区居民的思想道德素质、推进社区治理体系和治理能力现代化、凝聚社会共识,为伟大“中国梦”的实现提供强大的精神动力和素质支撑.当前,社区社会主义核心价值观已初步建立,但依然存在表达抽象化,领导重视程度不够,宣传力度不大,培育手段、途径单一等诸多问题.因此,加大社区社会主义核心价值观宣传力度,创新和丰富宣传手段,加强实践活动平台建设等即成为社区社会主义核心价值观建设的重要路径.     

Drowning in the bath tub after choking: Unusual death, accident or suicide? Reconstruction of an unusual fall

A thirteen-year old girl attending a special school who had been suffering from genuine epilepsy for about one year was found dead completely clothed in the full bathtub in the bathroom of her parent's flat. The characteristic features of death by drowning but also signs of strangulation as well as a condition after shackling of the hands were found in the forensic post-mortem examination and autopsy. The putative strangulation instrument was a pair of tights which was floating in the bathwater. The hands were probably tied with the lace of a sneaker. In the further course of events, the inquiries and investigations initially commenced on the assumption of a capital crime gave reason to consider suicide. A reconstruction experiment under comparable external conditions indicates that this is possible. From a forensic-psychiatric point of view, an exacerbative mental crisis situation can be inferred as a final motive from the known personality configuration and the immediate circumstances. The tragic outcome in the final phase appears to have been determined by the additional complication of a provoked grand mal epilepsy attack. All in all, this hypothesis is the most plausible. However, subjective and objective observations do not rule out the possibility of homicide.     

The Use and Misuse of 'National Security' Rationale in Crafting U.S. Refugee and Immigration Policies

Since the terrorist attacks of 11 September 2001, U.S. immigrationand refugee policy has developed based on narrow and evolvingtheories of ‘national security’. Immigration reformlegislation, federal regulations, and administrative policychanges have been justified in terms of the nation's safety.On 1 March 2003, the U.S. Immigration and Naturalization Service(INS) was folded into the massive new U.S. Department of HomelandSecurity (DHS), formally making immigration a homeland defenseconcern. Counterterror and immigration experts increasingly agree onwhat constitute effective and appropriate immigration policyreforms in light of the terrorist threat. Unfortunately, manyof the post-September 11 policy changes do little to advancepublic safety and violate the rights of refugees and asylumseekers. These include reductions in refugee admissions, thecriminal prosecution of asylum seekers, the blanket detentionof Haitians, and a safe third-country asylum agreement betweenthe United States and Canada. Other measures offend basic rightsand may undermine counterterror efforts. These include ‘preventive’arrests, closed deportation proceedings, and ‘call-in’registration programs. This article reviews post-September 11 U.S. policy developmentsbased on their impact on migrant rights and their efficacy ascounterterror measures. It argues for a more nuanced and rigoroussense of ‘national security’ in crafting refugeeand immigration policy.     

公共政策制定的理论研究中的“村民”与“农民”概念辨析

构建和谐社会,落实科学发展观,离不开对“三农”问题的研究。长期以来,在关于“三农”问题与村民自治的公共政策制定和理论研究中,由于对“农民”与“村民”概念的片面理解和不规范使用,产生了严重的负面影响,对其规范使用已是势在必行。农民与村民本是两个外延不同,内涵既有同质性,但又有异质性的概念,二者不可相互替代。对其规范使用,有利于在公共政策制定和“三农”问题的理论研究上发挥正确导向和规范作用。     

2008余杭法治指数：数据、分析及建议

余杭法治指数既是法治研究的创新,也是法治实践的创新。余杭区启动的法治评估工作,已成为余杭法治建设的突破口。法治评估活动,一方面有效带动整个区域政府和社会组织的法治转型,另一方面真正提高了公职人员的法治服务意识和能力,从而不断满足人民日益增长的法治监督和社会公正的需求。总体上看,余杭法治指数的评估对余杭法治产生了实质性的推动。     

The "Compliance" Trap: The Moral Message in Responsive Regulatory Enforcement

Simple deterrence will often fail to produce compliance commitment because it does not directly address business perceptions of the morality of regulated behavior. Responsive regulation, by contrast, seeks to build moral commitment to compliance with the law. This article shows that a regulator can overcome the deterrence trap to improve compliance commitment with the skillful use of responsive regulatory techniques that "leverage" the deterrence impact of its enforcement strategies with moral judgments. But this leads it into the "compliance trap." The compliance trap occurs where there is a lack of political support for the moral seriousness of the law it must enforce, such as is the case with cartel enforcement in Australia. In these circumstances, business offenders are likely to interpret the moral leveraging of responsive regulation as unfair or stigmatizing, and business perceptions of regulator unfairness are likely to have a negative influence on long-term compliance with the law. Moreover, big businesses that perceive regulatory enforcement as illegitimate are also likely to actively lobby for the political emasculation of the regulator. In these circumstances, most regulators are likely to avoid conflict by taking the easy option of enforcing the law "softly," and therefore ineffectively.     

徐悲鸿艺术思想的内核——科学精神

徐悲鸿是中国美术史中的里程碑,他在艺术上变革与探索的历程几乎与近代中华民族奋斗的历史同步,我们可以在他的艺术中看到他那个时代的缩影.徐悲鸿在美术事业上所作出的贡献足可以用"伟大"两个字来形容,而构成其伟大一生的根本原因,是他把西方文明中的科学精神作为一生行动的指南.也正是他致力于推行这一精神,才使中国画艺术摆脱了在清末已是无聊文人把玩的角色,走出了封建社会末期中国画日趋衰败的阴影.     

The Data Protection (Amendment) Act, 2003: the Data Protection Directive and its implications for medical research in Ireland

Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been transposed into national law and is now the Data Protection (Amendment) Act, 2003. The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'. There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005). Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.     

个人数据保护中同意规则的“扬”与“抑”——卡-梅框架视域下的规则配置研究

知情同意规则是个人数据保护法领域中的核心规则,但知情同意高度依赖于同意主体对数据收集、处理过程的充分了解。而现实中,普遍存在于当事人间的信息分布不均妨害同意的认识基础,多环节的数据流通则进一步削弱了同意的有效性,在此基础上的同意决策容易陷入非理性。通过引入卡-梅框架进行分析和假设,可以明确财产规则与责任规则各自的效率优缺点、分配偏好与价值考量。从保护与利用平衡的角度出发,倡导构建以知情同意规则为核心、管制规则与自治性责任规则为辅助的互补性规则进路,并继续在立法上完善知情同意规则,简化事前谈判,强化事后风险防范,辅之以多种类的技术监督机制以消弭权利配置进路的负外部性。     

数据交易的权利规制路径:窠臼、转向与展开

数据确权的理论分歧集中于"后期物权说"与"新型权利说"的对立讨论中,但两类学说在理论证成上仍存在罅隙,囿于实践中相关纠纷已层出不穷,作为规范交易市场核心的合同法应当发挥其应有的法律功能.数据交易法律关系可以解构为"数据服务合同",中介、委托合同以及"平台服务合同"."数据服务合同"的双方当事人负有及时支付/接受对价之权利义务,以及及时提供/接受符合质量要求的数据服务的权利义务.中介、委托合同,"平台服务合同"的双方当事人除负有法定或约定的权利义务外,数据交易平台方对于数据源层方还负有数据安全存储与网络安全保障义务;对于数据用户方还负有服务说明、告知,形式审查以及安全保障义务.