Spouse Abuse and Child Abuse by Army Soldiers

This study analyzed data collected by the U.S. Army’s Family Advocacy Program, the group primarily responsible for family violence prevention, identification, evaluation, treatment, and follow-up on Army installations. Patterns of spouse abuse and child abuse perpetrated within a five year period (2000–2004) were examined in a sample of 10,864 Army Soldiers who were substantiated for family violence offenses. Three groups of family violence offenders were compared: (1) those who perpetrated spouse offenses only; (2) those who perpetrated child offenses only; and (3) those who perpetrated both spouse and child offenses. Results showed that the majority of substantiated family violence offenders were spouse offenders who had not committed child abuse (61%), followed by child offenders who had not committed spouse abuse (27%), and finally those who committed both spouse and child offenses (12%). The three groups of family violence offenders differed in terms of the types of abuse they perpetrated (neglect of children, emotional abuse, physical abuse, and sexual abuse), their experiences of being a spouse abuse victim, and sociodemographic characteristics. Twelve percent of all spouse abusers committed multiple spouse abuse incidents, and 10% of all child abusers committed multiple child abuse incidents.     

禁止专利权滥用原则的制度化构建

专利权滥用指专利权人行使专利权却违反了专利权设置之目的的行为。禁止专利权滥用原则可以弥补成文法的不足,对消减专利权的外在范围设置与专利制度推动科技发展的内在价值追求之间的冲突,具有重要的功能价值。但禁止专利权滥用一般性原则的不当使用可能造成对权利的"滥限"。对该原则的制度化应从不断完善法律规范对专利权范围界定以及确立禁止专利权滥用一般条款适用的程序这两方面展开,以保障禁止专利权滥用原则更好地实现其功能价值。     

Arbitrage and Abuse of Rights in the EC Legal System

Abstract:  This article contrasts species of regulatory and tax arbitrage with the ECJ's approach to abuse of rights. Its aim is to explain the concepts, describe their relationship and identify the legal and policy issues which they raise within the EC legal system. Arbitrage and abuse figure prominently in the ECJ's case-law, especially on the freedom of movement. In its more recent case-law, the ECJ has adopted a more developed approach to abuse of rights by laying down a two-prong test. This article seeks to draw legal and policy conclusions by examining inter alia the virtues and vices of the EC doctrine of abuse of rights.     

英国的子女抚养费法律制度及其启示

根据英国法,父母无法在子女抚养费问题上达成一致时,通常应向儿童抚养机构提出申请,仅在某些特殊情况下才可以向法院提出申请,两种申请所适用的法律规则在实体与程序上都不相同.多数情况下,子女可以通过儿童抚养机构申请子女抚养费,由儿童抚养机构根据法定的数学公式并考虑其它特定因素以确定子女抚养费数额;特殊情况下,子女须通过法院申请子女抚养费,由法院通过制作有关指令以自由裁量的方式确定子女抚养费数额.英国法的有关规定在子女抚养费的权利人和义务人的范围、子女抚养费的计算方式、子女抚养费的支付方式、子女抚养费数额的调整等方面对于我国媚姻家庭法制的进一步完善具有参考和借鉴作用.     

Child Abuse,Neglect, and Delinquency: The Neurological Link

Recent research has demonstrated a clear connection between physical, emotional, and sexual abuse and neglect during childhood, and negative changes in a child's neurological development. Abnormal growth and developmental patterns in a child's brain as a result of abuse and neglect can lead to life‐long problems with self‐control, memory, emotion, judgment, consequential thinking, and moral reasoning, resulting in an increased likelihood of substance abuse, juvenile delinquency, and adult criminal behaviors. This article provides information on the abused child, neurological implications, and recommendations.     

True and False Allegations of Child Sex Abuse

Books reviewed in this article:
Richard A. Gardner, M. D.
Creative Therapeutics, Creskill, NJ, 1992     

Correlates of the Co-Occurrence of Wife Abuse and Child Abuse Among a Representative Sample

The co-occurrence of domestic violence and child abuse is well documented (Appel, A. E., & Holden, G. W. (1998). J. Fam. Psychol. 12: 578–599; Edleson, J. L. (1999). Violence Against Women 5: 134–154). However, little is known about the correlates of co-occurring wife and child abuse. Analyzing data from the 1985 National Family Violence Survey (subsample N = 2733), this study identified risk factors associated with the co-occurrence of wife and child abuse. One-way ANOVA and chi-square analyses were conducted to compare characteristics of parents, children, and households among subgroups of families reporting some form of abuse. Key differences emerged between the three types of homes compared (i.e., those with child abuse alone, wife abuse alone, or wife and child abuse), indicating possibly distinct etiologies and processes. In particular, the co-occurrence of wife and child abuse was marked by less education, worse health, increased reports of depression, and increased husband drug use. Findings may be useful to practitioners and researchers interested in risk factors for different forms of family violence.The total does not equal 100% because certain states report more than one form of maltreatment per child.     

Medical Evidence and Expert Testimony in Child Sexual Abuse

Expert medical testimony in child sexual abuse cases can be critical to the outcome of a legal case. This article will review the development of the medical knowledge and clinical expertise in child sexual abuse. Since the passage of mandatory child abuse reporting laws, the forensic medical examination of a child for evidence of sexual abuse has become standard. Until recently, many myths regarding female genital anatomy existed but were based primarily on dogma and lack of empirical research. Over the past 25 years, many research studies and accumulating clinical evidence have expanded medical knowledge and debunked old myths. Physical evidence, even in cases of alleged genital or anal penetration is rare. Sexually transmitted infections are also uncommon and often require medical interpretation as to their significance in a prepubertal child. Specialized medical knowledge, training, and clinical expertise have developed in order to evaluate children presenting with allegations of sexual abuse. Such medical expertise provides invaluable service to courts. We review criteria for evaluating such expertise in light of current medical practice.     

A Primer on Criminal Child Abuse and Neglect Law

This article surveys major aspects of criminal child abuse and neglect law encountered by judges, prosecutors and defense lawyers, child advocates, and child care professionals. The author, whose casebook, Children and the Law: Doctrine, Policy and Practice (West 4th ed. 2010) (with Sarah H. Ramsey), is required reading in law schools throughout the United States, analyzes both constitutional and statutory law.     

Gender Differences in Child Abuse and Intergenerational Transmission of Crime and Substance Abuse among Israeli Inmates

The aim of this study was to examine the gender differences in various types of childhood abuse and family history of crime, substance abuse, and mental health problems. Our study was conducted among 110 Israeli female and male inmates (50 female and 60 male inmates). The findings indicated a higher rate of multiple types of childhood abuse among the female inmates compared with the male inmates. The findings also revealed that female inmates reported more prevalence of parents’ substance abuse, crime, and family’s mental health problems than the male inmates did. Moreover, the female inmates reported higher rates of emotional, physical, and sexual abuse associated with family history variables compared with the male inmates. Furthermore, the findings indicated that female inmates whose siblings were involved in substance abuse and crime reported higher rates of sexual and emotional abuse compared with the male inmates. We discussed the implications of these findings.     

The Effects of Interviewer Gender and Child Gender on the Informativeness of Alleged Child Sexual Abuse Victims in Forensic Interviews

Most students of forensic interviews have focused on the interrogatory techniques used to elicit information from alleged child abuse victims. We asked how the gender of the interviewer and the gender of the child affected this process. Forensic investigators in three countries used either the NICHD structured interview protocol or local standard interview practices to interview 672 alleged victims who ranged in age from 4 to 14 years. Analyses of the interviews showed significant effects of gender on both the interviewers' behavior and the amount of information provided by children. Female interviewers asked boys more invitations, as well as absolutely and proportionally more suggestive questions, than they did girls, whereas male interviewers interviewed boys and girls similarly. Children's responses varied depending on their gender and age, the gender of the interviewer, and the type of question asked. Girls of all ages provided more information in response to directive questions posed by female rather than male interviewers whereas boys did not respond differently to male and female interviewers. The oldest girls provided more information in response to option-posing questions posed by male interviewers. More information was provided by the younger children in response to suggestive prompts from interviewers of the opposite gender. The gender-of-interviewer effects were attenuated in protocol-guided interviews.     

专利权滥用争议的法律协调——以专利法与反垄断法的关联为视角

伴随<反垄断法>的出台和<专利法>的第三次修改,有关滥用专利权研究融入反垄断法还是专利法的争议,已成为社会各界关注的焦点.基于专利与反垄断之间虽追求目标一致但属性不同,所以专利权滥用与垄断专利应用不同的识别要素.实践中,滥用专利的构成比垄断专利的构成几率要高.反垄断法对专利法有越发宽容的发展趋势,而专利法的自身完善对反垄断法具有直接的协调作用.立足在专利法内部规制专利权滥用问题,既有利于与反垄断法的有效协调,也有利于实现两法的各自立法出发点.对专利权行使过程的过分干预会遏制人们创新的积极性,从而不利于消费者利益.同时,对专利行使的放纵也是对滥用专利的滥用.     

滥用专利权与滥用专利制度之辨析——从日本“专利滥用”的理论与实践谈起

专利制度的滥用不同于专利权的滥用,前者是专利制度的缺陷导致的,后者是权利人行使合法有效的权利超越了权利的范围或者违反了专利法以及竞争法的强制规定而发生的.因此,规制专利权滥用的法律并不能解决"问题专利"以及专利制度滥用的问题.对专利制度的滥用只能通过完善专利制度本身来解决.     

The Legal Culture and Legal System in Post-Franco Spain

In analyzing the process of creating criminal law, Howard Becker pointed out elements such as moral entrepreneurs, availability to the mass media, and political maneuvering. In this article the author analyses how these elements are seen in the emergence of Anti-Prostitution Law in Japan. According to historical documents Christian groups worked as moral crusaders in the purification movement before World War II. But after the war secular groups, especially female groups, became the main entrepreneurs for the enactment of Anti-Prostitution Law.

In those countries where believers in a monotheistic religion like Christianity are the majority of the population, moral entrepreneurs may play an important role in creating criminal law. On the other hand, Japan does not have many such believers. Most Japanese, influenced by Shinto, are tolerant of different religions. Therefore, in the emergence of criminal law, moral crusaders who are interested in forcing their own morals on others are rarely seen. The author cannot emphasize the role of moral entrepreneurs as Howard Becker did. In Japan most drafts of law are made by bureaucrats in the national government in accord with opinions of the ruling Liberal Democratic Party. Then laws are submitted to the Diet by the Cabinet. As a result, research on the roles of bureaucrats, the ruling Liberal Democratic Party, and the Cabinet is important in the sociology of criminal law in Japan.     

Automatic Encoding of Ambiguous Child Behavior in High and Low Risk for Child Physical Abuse Parents

Recent theory and research suggest that physically abusive parenting behavior might be understood as originating from: 1) greater accessibility of hostile/negative schema, and/or 2) lower accessibility of benign/positive schema. This study examined whether parents at high and low risk for child physical abuse (CPA) differed in the extent to which they spontaneously encoded ambiguous caregiving contexts in negative versus positive terms. Twenty-five high and forty-one low risk for CPA parents were asked to memorize a set of sentences that described ambiguous caregiving situations. After a brief delay, participants were asked to recall the sentences. During recall, cues were given (e.g., negative and positive words) to facilitate recall. According to the cued-recall paradigm, to the extent that recall was facilitated by negative/positive cues, it was inferred that negative/positive meaning was activated when the ambiguous sentences were encoded. Although all parents tended to recall more information in response to negative relative to positive cues, the influence of cue type on recall was greater for high CPA risk parents. That is, high, compared to low, CPA risk parents obtained significantly higher recall difference scores (M = 4.6 versus M = 2.3); with higher recall difference scores indicating greater recall in response to negative relative to positive cues. Present findings are consistent with the proposition that high and low CPA risk parents differ in how they spontaneously encode information in ambiguous caregiving contexts.