Accidents,Agency and Asylum: Constructing the Refugee Subject

Refugee law demands that the asylum seeker demonstrate an extremely limited and distorted form of agency that is encapsulated within the legal definition of the refugee. Such a framework also denies the role of the accidental in the refugee experience. I argue that the problem lies at the heart of the legal form, as constructed under capitalism. The sans-papiers show us the potential for refugees themselves to reconstruct a subjectivity that transcends the distorted form of agency and the false dichotomy between the accidental and agency found in law, through their rejection of legal definitions and the re-emergence of themselves as political subjects.     

协议管辖:问题、原因及其改革设想

我国《民事诉讼法》有关协议管辖的规定,在立法体例、适用范围,以及协议成立条件的规定上都存在诸多缺陷。基于当事人的诉权保障和我国当今社会对于民事司法救济权利保护的现实要求,比较、借鉴国外多数国家的有关立法例,可以发现,对于协议管辖的现行规定,有必要进行适当的修改与完善。     

Jurisdiction and Scale: Rent Arrears,Social Housing,and Human Rights

This article draws on the recent work of Mariana Valverde on jurisdiction and scale to frame a study of the interaction between mandatory possession proceedings brought by one particular type of social housing provider – housing associations – and national as well as human rights law. It was the explicit political choice to focus social housing provision on housing associations, as opposed to local authorities, which opened up the mandatory possession jurisdiction. The essence of the argument is that, despite the apparent incommensurability of these different scales and jurisdictions, they are able to accommodate each other quite happily. Two sets of texts are used to develop this argument. First, consideration is given to the legal technicality through which mandatory possession proceedings might be challenged. Second, we draw on data from a study of housing associations practices and policies on the use of one particular mandatory ground of possession for rent arrears, demonstrating the way in which scale and jurisdiction, political rationality and technologies intertwine.     

Force,Stress, and Decision-Making Within the Belgian Police: the Impact of Stressful Situations on Police Decision-Making

Stress and fear are inevitable aspects of the police job and may have a large impact on police officers’ decision-making process. Many studies have explored how stress and fear may influence assessments of police officers, especially with regard to the use of force. This article aims to contribute to this research domain by reporting the findings from two empirical studies among Belgian police officers: a quantitative study of police officers’ attitudes towards and experiences with the use of force and a qualitative study on the influence of stress and emotions on officers’ decision-making and assessment abilities and accuracy of shooting. Both studies confirmed that stress and fear are often present in Belgian police practice. One of the main findings is that Belgian police officers are anxious about the consequences of their actions because they know they will be held accountable for them. The pressure that results from this accountability can make it even more difficult for police officers to react to stressful situations. Therefore, we need to look for the right balance in this difficult position, by providing tools that support police officers in making daily decisions, and help them do their job as effectively as possible.     

合意管辖制度：法理、问题与对策

合意管辖既是民事诉讼中当事人的一项程序权利,又是民事诉讼特有的一项制度。合意管辖制度具有着源自程序主体性原则以及处分权主义的法理基础,正因如此,各国都在民事诉讼立法中规定了合意管辖制度。就我国而言,虽然立法中也有关于合意管辖的规定,但其中还存在着合意管辖的案件范围太窄,合意管辖的法院双轨制等不完善之处,亟待通过对民事诉讼法的修订而得到完善。     

Gruesome Evidence and Emotion: Anger, Blame, and Jury Decision-Making

Judges assume that gruesome evidence can influence juror verdicts, but little is known about the manner in which the influence is manifested. In a 2 × 3 study that varied the gruesome content of photographic and verbal evidence, gruesome verbal evidence did not influence mock juror emotional states, and had no impact on the conviction rate. Mock jurors who saw gruesome photographs, compared with those who saw no photographs, reported experiencing significantly more intense emotional responses, including greater anger at the defendant. The conviction rate when visual evidence in the form of gruesome or neutral photographs was included was significantly higher than the conviction rate without photographic evidence. Mean ratings of the inculpatory weight of prosecution evidence by mock jurors presented with gruesome photographs were significantly higher than those by mock jurors who did not view any photographs. Further analyses revealed that mock juror anger toward the defendant mediated the influence of the gruesome photographs in enhancing the weight of inculpatory evidence.     

Making the State Responsible: Intersex Embodiment,Medical Jurisdiction,and State Responsibility

Through consideration of new developments in the United Kingdom's intersex policy, this article traces the ways in which responsibility is produced, naturalized, and avoided by individuals, institutions, and the state. Jurisdiction is identified as a barrier to the attribution of responsibility that must be overcome to achieve progress in relation to the needs of intersex people. By bringing together jurisdictional analysis and vulnerability theory, this article demonstrates how the state has traditionally abrogated responsibility by compartmentalizing specific practices as governed by medical authority. It highlights that such accounts mask the role of the state in the creation of jurisdiction and the ways in which governance is conducted. Challenging these boundaries allows vulnerability theorists to move the state towards greater levels of responsibility. By combining these theoretical tools, the article enhances the practical utility of vulnerability theory and advances an important agenda for intersex people.     

Expressed‐Interest Legal Representation for Children in Substitute Care: Evaluation of the Impact of Representation on Children's Permanency Outcomes

Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.

Key Points for the Family Court Community:
• The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
• FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
• Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.