When Do Laws Matter? National Minimum‐Age‐of‐Marriage Laws,Child Rights,and Adolescent Fertility, 1989–2007

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed‐effect time‐series regression model to analyze the impact of minimum‐age‐of‐marriage laws in 115 poor‐ and middle‐income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum‐age‐of‐marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify.     

Hands‐Off or Hands‐On?: Deconstructing the ‘Test‐Case’ of Re G within a Culture of Children's Rights

This note challenges the so‐called ‘test‐case’ status of Re G in so far as it attempts to overturn the principle established in Re T that courts should adopt a neutral position when it comes to weighing the merits of different upbringings and the education provided by parents of minority religions. In determining the future upbringing and education of children who had been brought up in a minority religious community, Re G applies a principle of maximising educational opportunity in order to uphold the mother's proposed educational choice and way of life. This note argues that Re G was wrong to do so, should not be regarded as establishing any new principle and that the only relevant principle, both in determining this case and future cases, ought to rest on the psychological well‐being of the child.     

Socially Responsible Private Regulation: World‐Culture or World‐Capitalism?

This article analyzes the phenomenon of “corporate social responsibility” (CSR; specifically: social private regulation) in light of two sociological paradigms of globalization: “world‐culture” and “world‐capitalism.” The study treats three analytically distinct features of CSR: the political contestation over its meaning, the role of business studies in transforming it into a managerial model, and its consolidation as a market of authorities. The study finds that (1) while CSR may be theorized as a emergent “world cultural” model, the culture paradigm does not take sufficient account of the role of corporations in shaping it, and (2) while both paradigms recognize the transition from political contestations over the character of CSR to its deployment by means of private regulation, the world‐capitalism paradigm offers stronger tools for theorizing the mechanisms of change that mediate between political agency and institutionalized regulatory outcomes.     

Designing ETPIMs around ECHR Review or Normalisation of ‘Preventive’ Non‐Trial‐Based Executive Measures?

This article considers the transition in 2012 from control orders to more ECHR‐compliant ‘terrorism prevention and investigation measures’ under the Terrorism Prevention and Investigation Measures Act 2011. It argues that the interaction between security and liberty over the post 9/11 years has the appearance of a dialogue between courts and the executive that has resulted in a diminution in the repressive character of non‐trial based preventive measures. But such an impression, it will be contended, is obscuring the recalibration of ECHR rights that has occurred, easing the path to the introduction of the enhanced version of TPIMs, under the Enhanced Terrorism Prevention and Investigation Measures Bill. The proposed ETPIMs exhibit many of the objectionable features of control orders and are currently ready to introduce if the threat level rises.     

Cold‐blooded lie catchers? An investigation of psychopathy,emotional processing,and deception detection

Purpose. The process of catching liars is challenging, though evidence suggests that deception detection abilities are influenced by the characteristics of the judge. This study examined individual differences in emotional processing and levels of psychopathic traits on the ability to judge the veracity of written narratives varying in emotional valence. Methods. Undergraduate participants (N= 251) judged the veracity of 12 written narratives (truthful/deceptive) across three emotional categories: positive, negative, and neutral events. Levels of psychopathy were assessed to investigate its relation to accuracy and cue use. Results. Overall accuracy was close to chance, although participants were more accurate in determining the veracity of truthful relative to deceptive narratives. Accuracy was impaired for emotional (positive and negative) relative to neutral narratives. Psychopathy was not associated with levels of overall accuracy, but related to discriminative ability, and differential use of cues in decision making. Reported cue use also differed across emotional narrative conditions. Conclusions. We speculated that an emotive truth bias may have detracted judges from attending to valid cues that are indicative of the deceptive nature of stimuli because they were distracted by the emotional content of the report. Implications for deception detection in forensic settings are discussed.     

THE SHORT‐TERM EFFECTS OF EXECUTIONS ON HOMICIDES: DETERRENCE,DISPLACEMENT, OR BOTH?*

Does the death penalty save lives? In recent years, a new round of research has been using annual time‐series panel data from the 50 U.S. states for 25 or so years from the 1970s to the late 1990s that claims to find many lives saved through reductions in subsequent homicide rates after executions. This research, in turn, has produced a round of critiques, which concludes that these findings are not robust enough to model even small changes in specifications that yield dramatically different results. A principal reason for this sensitivity of the findings is that few state‐years exist (about 1 percent of all state‐years) in which six or more executions have occurred. To provide a different perspective, we focus on Texas, a state that has used the death penalty with sufficient frequency to make possible relatively stable estimates of the homicide response to executions. In addition, we narrow the observation intervals for recording executions and homicides from the annual calendar year to monthly intervals. Based on time‐series analyses and independent‐validation tests, our best‐fitting model shows that, from January 1994 through December 2005, evidence exists of modest, short‐term reductions in homicides in Texas in the first and fourth months that follow an execution—about 2.5 fewer homicides total. Another model suggests, however, that in addition to homicide reductions, some displacement of homicides may be possible from one month to another in the months after an execution, which reduces the total reduction in homicides after an execution to about .5 during a 12‐month period. Implications for additional research and the need for future analysis and replication are discussed.     

HOW EFFECTIVE ARE COURT‐AFFILIATED DIVORCING PARENTS EDUCATION PROGRAMS? A META‐ANALYTIC STUDY

In this meta‐analytic study, we looked at all empirical studies that examined the effectiveness of court‐affiliated divorcing parents education programs (DPEs). Overall, we found that DPEs were generally effective. Nineteen studies with a DPE treatment group and no‐treatment control group had an overall significant moderate positive effect (d= .39); those who participated in DPEs were about 50% better off in terms of program outcomes compared to those who did not participate. The studies examined five specific outcomes: co‐parenting conflict, parent‐child relationships, child well‐being, parent well‐being, and relitigation; with most of these specific outcomes we found significant moderate effects ranging from d= .19–.61. However, there were important methodological limitations in this body of research, which are discussed. While more research is needed to confirm the positive potential of DPEs, we probably know enough to justify continuing and even increasing support for this recent social policy innovation.     

‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?

People of non‐ideal‐weight (overweight or severely underweight) are subjected to discrimination, in the workplace and elsewhere, based on attitudinal assumptions and negative inferences from their membership of a group, such as that they are insufficiently self‐motivated to make good employees. But is that discrimination unlawful in the UK? The Equality Act 2010 offers only a very tenuous route for protection, because the Act is based largely on a ‘medical model’ of disability. EU law, which embraces a ‘social model’ of disability, drawing from the UN Convention on the Rights of Persons with Disabilities, offers more, at least in theory. But the mechanisms for enforcing individual EU law rights mean that entitlements in EU law are likely to be enforceable in practice only against state employers. This situation leaves a gap in the law which is remediable only by legislative reform.     

2010,火车票实名制元年

就在让人触目惊心的春运即将到来时，铁道部突然宣布，广州铁路集团公司和成都铁路局部分车站试行火车票实名制。这个多次被提起，被热议，又曾在2008年被铁道部断然否定的“难产儿”，竟然在2010年遽然落地，没有前奏，就那么突兀地成为板上钉钉的现实。     

2010,网络色情围剿战

一场史无前例的网络扫黄风暴,正起于青萍之末。自2009年11月开始,中宣部、公安部、信息产业部等九部委在全国组织开展为期半年的依法打击网络淫秽色情专项行动。这次行动声势浩大,效果惊人,权威媒体如此评价:这是迄今为止中国互联网发展史上影响最大的一次网络色情围剿战。这次围剿战的重点目标,是以手机为主要载体的色情信息。随着扫黄的深入展开,近日中国法院网报道称,最高法将出台相关司法解释,对涉及手机淫秽色情网站的犯罪分子彻底严处。关停网站、侦破案件、网络资源重新报备等一系列的举措,都指向一个共同目标——有效遏制网络黄毒的滋生蔓延。扫除一个色情网站胜过一百位教师的循循诱导,胜过一百位母亲的苦口婆心,胜过一百位父亲的严厉教导,胜过一百本好书的日日熏陶。这是网民们的留言,也是他们的心声。这场围剿战,战正酣,战正未有穷期。为此,本刊组织了这组稿件,从网络色情的发展渊源,到网络扫黄的战斗历史,再到全球视野内网络反色情的他山之石,向读者全方位介绍2009年岁末开始的这场大规模扫黄风暴。     

Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

Trace Element Analysis of Rough Diamond by LA‐ICP‐MS: A Case of Source Discrimination?*,†

Abstract: Current profiling of rough diamond source is performed using different physical and/or morphological techniques that require strong knowledge and experience in the field. More recently, chemical impurities have been used to discriminate diamond source and with the advance of laser ablation–inductively coupled plasma–mass spectrometry (LA‐ICP‐MS) empirical profiling of rough diamonds is possible to some extent. In this study, we present a LA‐ICP‐MS methodology that we developed for analyzing ultra‐trace element impurities in rough diamond for origin determination (“profiling”). Diamonds from two sources were analyzed by LA‐ICP‐MS and were statistically classified by accepted methods. For the two diamond populations analyzed in this study, binomial logistic regression produced a better overall correct classification than linear discriminant analysis. The results suggest that an anticipated matrix match reference material would improve the robustness of our methodology for forensic applications.     

Are Older Workers Past Their Sell‐by‐Date? A View from UK Age Discrimination Law

This article assesses the effectiveness of United Kingdom age discrimination law in protecting older workers from claims that they are less productive and perform more poorly than younger workers. The article assesses employer perceptions and the incompatibility of such perceptions with existing research and the current interpretation of age discrimination law by the CJEU and the Supreme Court which accords with such research. The effectiveness of age discrimination law in practice is assessed through an analysis of existing compensation reduction rules. The article concludes that the existing rules which allow for a reduction in compensation payable where there is a chance that the same outcome would have been reached in the absence of discrimination (the ‘chance model’) reduces the effectiveness of the existing protections. A move to a ‘certainty model’ would be less speculative, would serve the objectives of anti‐discrimination law and would reduce concerns about compatibility with EU law.     

Dworkin and Phenomenology of the “Pre‐Legal”?

Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenology of the Pre‐Legal.     

Is There a Relationship Between Street Heroin Purity and Drug‐Related Emergencies and/or Drug‐Related Deaths? An Analysis from Vienna,Austria*

This study examines the quality of street heroin seized in Vienna in 1999 and whether there was a relationship between the purity of street heroin and the number of heroin-related emergencies as well as the number of heroin-related deaths. Street heroin confiscated by the Viennese police, run-sheets of drug-related emergencies, and postmortem reports of drug-related deaths in Vienna in 1999 were analyzed. A total of 415 retail samples with a total weight of 128.02 g contained a median percentage of 6.5% diacetylmorphine (range: 0.0-47.0%). All the samples contained a diluent, mainly lactose, as well as adulterants, such as caffeine and/or paracetamol. During the study period, 75 heroin-related deaths and 387 heroin-related emergencies were registered in Vienna. Time-series analysis revealed no statistically significant relationship between the rate of heroin-related incidents and the diacetylmorphine concentration of street heroin samples confiscated in Vienna in 1999. The widely held belief that the number of heroin-related deaths could be explained simply through fluctuations in the purity of street heroin could not be substantiated, even though the results of this study do not rule out an association between the purity of heroin and heroin-related deaths/emergencies.     

快城快客,展望2010

为期两个半月的艺术盛典一上海第七届)双年展已经落下帷幕.本次双年展的口号"快城快客",和2010年世博会主题"城市,让牛活更美好"遥相呼应,在一年即将结束之际,回顾双年展,可以更清晰地看到两年后的世博与上海.……     

Is Personal Vote‐Seeking Behavior Effective?

Does representatives' legislative activity have any effect on their electoral performance? A broad theoretical literature suggests so, but real‐world evidence is scarce as empirically, personal and party votes are hard to separate. In this article, we examine whether bill initiation actually helps MPs to attract preference votes under flexible list electoral systems. In these systems, voters can accept the party‐provided rank order or vote for specific candidates, which allows a clear distinction between personal and party votes. The empirical analysis uses data on bill initiation by Belgian MPs in the period 2003–2007 to explain their personal vote in the 2007 elections. We find that particularly single‐authored proposals initiated shortly before the upcoming elections are associated with a larger personal vote.