A New Look at the Gender Gap in Offending

Studies of public support for capital punishment have consistently observed a strong and enduring gender gap in the level of death penalty support, with males consistently more inclined than females to support capital punishment. This unexplained relationship has endured over time and space as well as across a myriad of research designs. The present study uses attribution theory in a factorial survey design to account for this relationship. Analyses of data obtained from jurors provide mixed support for attribution theory yet fails to bridge the gender gap in death penalty support. The implications of these findings as they relate to gender, socialization, and attributions are discussed.     

法眼看虎

虎年已至，蓠象更新，《中圜法律》舆您携手步人新一年。 虎是人们喜爱又惺怕的凶猛勤物，所以中园留帮中既有“英雄虎脆”的豪遭，也有“苛政猛于虎”的沉痛。追入20世纪以柬，随着人颓“徵服”自然能力的提高，曾经魔虞虎啸山岗的老虎们，命逼式微，世界各地的老虎敷量急蒯下降。雎然如此，封老虎的喜爱和惺怕仍是人颓共同的文化心理。     

论计算机搜查的法律规制

计算机搜查是当前司法实践中一种全新的取证措施,在世界范围内得到了日益广泛的运用,同时也引发了一系列的法律障碍。本文从计算机搜查的基本含义切入,采取比较研究的方法,指出我国实务中计算机搜查应当实现由一步式向两步式的根本性转变。在此基础上,本文阐述了我国的计算机搜查在应否申请令状、如何确定搜查范围以及维护案外人的合法权益、借助第三方的协助等方面遭遇的法律问题,并深入地论证了亟待确立的有关法律规则。     

Perverse Effects of Unfulfilled Norms: A Look at the Roots of Favoritism

In four experiments, 120 subjects had to judge and reward the performance of players in a game. When no player fulfilled the norm of the game, subjects gave rewards arbitrarily or favored their friends among the players; when some players fulfilled the norm of the game, subjects made fair judgments, rewarding the players who fulfilled the norm, and they did not favor their friends. These findings suggest that research on in-group favoritism should include a serious discussion of the formal norms that regulate people's decisions when they have to allocate rewards.     

The Asexual Virus: Computer Viruses in Feminist Discourse

Feminist work on computing technology has for the most part concentrated on concepts of cyborgs and notions of (dis)embodiment in cyberspace. It is the contention of this paper that, as yet, these conceptions have, outstripped the realities of the technology and that an alternative and technically realistic model is that of the computer virus. The virus has all the positive theoretical advantages of the cyborg, as well as the added benefits of being in existence now as opposed to the product of science fiction, and viruses may be capable of use as a tool for education and activism. Thus, this paper shall examine the limitations of current cyber feminism, and the range of possibilities viral hacktavistic feminism opens up. This revised version was published online in July 2006 with corrections to the Cover Date.     

A Fresh Look at Stock Market Short‐termism

In this article, we develop a novel understanding of stock market short‐termism as a social phenomenon. Contrary to formerly popular academic belief, short‐termism is a problem that is highly unlikely to be structurally self‐correcting. An important driver of short‐termism typically elided within standard legal‐academic analyses is the informational centricity of modern stock markets, and resulting pressure on corporate managers to generate fresh ‘news’ indicative of perceived business ‘progress’. We highlight the growing enthusiasm of policy‐makers for a discriminatory ‘two‐tiered’ approach to public company investor relations. Accordingly, long‐term and committed investors are expected to be brought into the company's governance ‘inner circle’, while other investors are implicitly relegated to lowertier ‘outsider’ status. We argue that this supports a discriminatory approach to the allocation of voting entitlements in newly listing companies, enabling committed investors to develop cooperative and sustained governance relations with management unencumbered by ‘outside’ stock market pressures for short‐term financial‐performance outcomes.     

Fear of Gang Crime: A Look at Three Theoretical Models

Gang crime and resulting public fear became a major policy focus during the 1990s, yet few studies specifically focus on fear of gang crime. Guided by social disorganization theory, we test three theoretical models about the individual thought processes leading to fear of gang crime. Using structural equation models, we find that each of these three theories—diversity, disorder, and community concern—is an important predictor of gang-related fear. In addition, we find that the indirect relationships between demographic characteristics, theoretical variables, and fear depend upon which model is tested.     

论行政法视野中的类推制度

在作为公法的行政法领域之内,类推制度同样有其得以存在的正当性。行政法领域存在类推制度的原因是:其一,法律漏洞的现实存在;其二,为了避免行政机关侵损法律保留原则;其三,类推制度不违反立法的民主性原则及法的安定性原则。就行政法领域类推制度的适用范围来看,类推制度仅存在于给付行政领域,秩序行政领域不具有该制度得以生成的基础。给付行政领域的类推适用,应秉持整体主义的视角,摒弃不利类推禁止原则,而行政法领域类推制度的适用,应秉持公法优先、兼顾并适当限制私法的原则。     

Toward Improved Legal Service Delivery: A Look at Four Mechanisms

A legal service delivery system intended to facilitate the providing of services by private practitioners should, to be complete, include among its functions three that are of special importance. First, it should diagnose legal problems. Second, it should make available to a person with a legal problem the information needed for informed selection of a lawyer. And third, it should, when necessary, help the prospective client to make the initial contact with a lawyer. Lawyer advertising, specialty certification, lawyer directories, and lawyer referral services perform some of these functions, but no one mechanism performs all three adequately. A system combining the lawyer directory with an expanded lawyer referral service might do so and thus might be a more complete answer to the problem of delivery of legal services.     

Another Look at Constitutional Pluralism in the European Union

Constitutional pluralism is a theory, or movement, or idea, for some perhaps even an ideal, about the relationship between the legal system of the European Union and those of its Member States. In this paper, Julio Baquero Cruz analyses its assumptions and implications in the light of historical experience and of the consequences it could have for the practice of law in Europe. To do so, constitutional pluralism is compared with the other main positions about that relationship: the national constitutional position and the position of Union law.     

从法律文化看中国法律的现代化

法律文化是一个涉及面广泛、内涵丰富且处于不断发展和变化中的概念。本文尝试从中西方法律文化的比较出发,通过分析中西方法律文化差异得出结论：在中国法律现代化的进程中,借鉴和吸收西方的法律一定要充分考虑中国的法律文化因素,以避免水土不服。即只有从法律文化的角度来审视和看待法律,才会更好地促进中国法律现代化的发展。