Sensitivity to befallen injustice and reactions to a real-life disadvantage

The study investigates the construct validity of a self-report questionnaire for dispositional sensitivity to befallen injustice (SBI; Schmitt, Neumann, and Montada, 1995). The items of this questionnaire are combinations of four indicators of SBI (frequency of perceived injustice, intensity of anger, intrusiveness/perseverance of thoughts about the event, punitivity) with 18 types of unfair situations (e.g., performing better than others without getting any appreciation or reward). At Occasion 1, SBI, trait anger, anger in, anger out, anger control, self-assertiveness, and attitudes toward equality were measured. At Occasion 2, the subjects (57 advanced psychology students) took part in a lottery for distributing scarce teaching resources among students. The lottery led to objective advantages for some students and to objective disadvantages for others. Four reactions to the event were measured at Occasion 3: judgment of the lottery as injust, anger about the lottery, experiencing the lottery as demotivating, and approval of activities against the lottery. These reactions were regressed on the variables measured at Occasion 1. SBI was the only significant predictor of the justice judgment and the approval of activities. Anger about the lottery depended only on objective disadvantage/advantage. Experiencing the lottery as demotivating depended negatively on anger control and positively on the intrusiveness/perseverance of thoughts about the event, a subscale of the SBI inventory.     

彩票中奖者个人信息公开可能性之实证分析

对法律问题的探讨应当首先在两个前提下进行：第一,在现行法律框架之内;第二,把现有法律规定看作是一个富有弹性的完整体系,以尽力去挖掘其潜力。以彩票中奖者个人信息为例,《彩票条例》要求彩票发行者、彩票销售者等对此予以保密;但当这一信息进入行政机关转化为政府信息之后,依《政府信息公开条例》就有了公开的条件和途径。两部法律可以相互调适,共同应对社会需求。     

论抽签程序在经济法中的运用

抽签程序在古今中外的社会生活中有着广泛的应用,但在法律中正式加以规定的却不多见。由于抽签是解决资源配置与利益分配的一种手段,当存在实体标准用尽、实体标准无效率或者不存在实体标准时,作为一种程序性安排,抽签可以引入法律制度之中,这也是近年来我国有关法律与司法解释引入抽签程序的原因之一。对于抽签程序,经济法在程序制度的建设中也可以适当予以引入。     

不交纳彩票投注金擅自打印并获取彩票构成何罪——评滨海县人民检察院诉刘必仲合同诈骗案

2003年12月1日。被告人刘必仲与江苏省滨海县有奖募捐委员会办公室（以下简称滨募办）签订了代销福利彩票协议。在交纳投注机设备保证金1万元后，刘从原代销员刘德祥手中承接了‘0322投注站’的彩票销售权。同月21日下午5时许，刘必仲认为当期销售的彩票还未出现中奖号码。遂利用自身销售彩票的便利，以不交纳投注金的方式，从彩票投注机上一次性打出总金额为55．692万元的15张彩票，以期中得大奖后归还投注金。     

制度利益衡量的逻辑

司法审判特别是疑难案件审判往往需要进行利益衡量,其中制度利益的衡量极为关键。制度利益具有现实性、具体性、广泛性等特性。与法律制度构造的类型化相适应,制度利益需要区分内部不同的具体类型进行衡量。在利益衡量时,需要对潜藏于法律制度背后的制度利益作深入剖析,可分为两个步骤:一是理清核心利益;二是以制度涉及的社会广泛性为依据,对制度所涉具体利益作广泛的铺陈与罗列。应当与社会公共利益相协调是制度利益衡量的基准,它提出两个要求:第一,在复数制度中选择妥当制度,避免误入歧途;第二,结合法律情境探寻制度利益,避免利益误判。从功能上讲,制度利益衡量既是牵引法律制度演进的内在动力,又是判断法律制度效力的实质依据。     

高校大学生契约式管理模式初探

随着社会主义市场经济体制的建立和初步完善,高等教育改革的深化,依法治国方略的实施,高等学校的传统管理模式受到了严峻的挑战。探索适应新形势的高校学生管理模式,是各高校极为关注并积极探索的一个新问题。建立契约式管理模式,以确保学校和学生双方权益需要为目的,界定学校和学生之间的权利义务关系是当前高校学生管理的必然选择。     

On The Reasonable in Law

Abstract. In practical reasoning, reasonableness - as opposed to rationality - is an important concept. This paper explores the notion of reasonableness as applied exclusively to legal decisions. Conflicting values or legal requirements can make rationally deduced solutions unattainable, and may call for criteria of reasonableness, Conflicting values must be weighed, and weighed against each other, in search of a point of equilibrium between them. Legal cases are more or less difficult to solve, depending on the difficulty of finding a unique optimal equilibrium. The relevance of factual and ideal consensus for the determination of a reasonable legal decision is underlined. Finally, a definition of "reasonable legal decision" is proposed.     

Development and reform of police training and education in Taiwan

This article describes the development of training and educating police officers in Taiwan. The current system, which has largely survived the democratic transition between 1986 and 2000, is unique. It is a two-track system in which Taiwan Police College (TPC) is responsible for training low ranking police personnel, whereas Central Police University (CPU) is responsible for educating police management personnel. Currently, the presidents of CPU are no longer chosen from the military, but their backgrounds require experiences as police officers. The Examination Yuan opens up the new route into TPC and CPU through competitive national civil examinations. Echoing the outcry for reform within Taiwan and abroad, we advocate to liberate new cadets from the closed system so that they can learn together with other non-police students and to add more social science materials into the police education curriculum.     

美国构建彩票公信力的措施及其借鉴

我国彩票的公信力久为社会所诟病,多数论者认为根本症结在于彩票经营与监督合一的体制,即政府机构直接经营彩票并自我监督.然而,美国等发达国家与我国采取同样的体制,其彩票信誉却并未受损.事实上,奉行市场经济的美国之所以选择政府机构直接经营彩票的机制,目的之一正是为了防止彩票弊案的发生.这至少说明经营与监督合一的体制本身不是导致彩票弊案的主要因素.与美国相比较,我国彩票的真正不足在于法律制度的粗疏以及执行方面的随意性.保证我国彩票公信力的正确方向是学习美国严密细致的法律制度,并采取措施落实,而不是把重点放在体制改革上.     

European human rights law and the United Kingdom—A note

This article asserts that established concerns about access to, and widening participation in higher education, are now reflected in interest around retention. Those law schools with inclusive admissions policies and widening participation practices face a number of challenges around the financial and human costs of poor retention. Most of these law schools fall within the “new university” sector.

This article argues that poor retention among first‐year law students often reflects a lack of engagement. This lack of engagement exists in two key relationships; first that of between students and the teaching and learning structures of their law school and university, and second between first year law students and many of the staff who teach them. It is argued that this lack of engagement reflects a clash of cultures, first between the requirements and structures of the law school and the everyday life experience of our students, and second between ourselves as teachers and our students.

The utilisation of aspects of the Oxbridge tutorial model of higher education together with an appropriate use of new technology is suggested as a response to this cultural clash and as a way of increasing engagement with our students.

In support of these arguments, the article refers extensively to the evidence presented to the House of Commons Education and Employment Committee hearings on retention in higher education, and to the Committee's conclusions.     

Beyond the multiple‐choice v. essay questions controversy: Combining the best of both worlds*

The increasingly diverse cohorts of students studying at new generation universities pose new curriculum challenges for disciplines such as law. These challenges are most visible in written assignments and thus interpreted as “writing problems”. As a consequence, much of the advice available to assist students focuses on “elements of good writing”, advising them primarily on expression and grammar and, in some instances, on the different purposes of legal writing. This paper offers, however, a quite different perspective on what underlies the writing problems of these students, arguing that students need to be knowingly inducted into the different positions or identities embodied in these written tasks, as well as instructed in the language required to “realise” these identities. This approach is explored through analysis of a standard problem scenario assessment task and student responses to the task. Finally, the paper suggests that designing a curriculum to assist these students' entry into the disciplinary practices of the law rests on more collaboration and mutual learning between law lecturers and language and learning lecturers.     

Significant Differences in PostMortem Heart Weight Before and After Dissection Using the Short-Axis Dissecting Method

Correctly assessing heart weight can be critical at postmortem examination. The current international guidelines advocate using the short-axis method in dissecting the heart and the heart weighed when the blood is emptied. However, it did not specify at what point the heart should be weighed or how the blood should be emptied. This study compared heart weights at three different time points during the heart examination (immediately after dissecting out of the pericardial sac with blood still in chambers, blood washed/removed from heart chambers without the heart opened, and the heart completely opened, blood emptied, and pad dried). This was to illustrate the variation in measurement and potential errors when the heart is weighed at different time of dissection. The results show that there were statistical and clinical significant differences between the heart weights at each weighing points. We recommend the heart to be completely dissected with any blood and residual washing/rinsing water emptied before being weighed. Although performed in this study, the effect of pad drying the heart on heart weight was not explored and was a limitation in this study.     

How will we regulate genetic enhancement?

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.     

医学生认知医疗损害法律制度的干预研究

为了提高医学生对医疗损害法律制度的认知水平，对学生进行针对性的医学法学教育。本文以《侵权责任法》医疗损害责任制度及相关卫生法规为切入点，采取专题讲座、开设医学法学选修课、编写《医学生医疗纠纷防范手册》、链接临床案例等综合手段干预学生的认知。结果提示，学生医学法学的认知水平干预前后存在显著差异，P〈0.01。本研究表明，有效的干预手段能极大地提高学生对医疗损害法律制度的认知水平，在学时有限情况下，案例式的医学法学教育、专题讲座、专业课与医学法学课程资源的整合交叉可以达到事半功倍的效果。建议在新一轮专业课教材的编写中，尝试链接相关的法律制度和案例，使学生医学教育与法学教育同步提高。     

Attitudes toward sex and sex offences among Israeli and former Union of Soviet Socialist Republic youth: implication for prevention strategies for new immigrants

The phenomenon of sex offences among new immigrants from the former USSR is a source of concern in Israel. This research studied students from Israel (n = 257) and the Ukraine (n = 195) to learn about their system of social norms and values regarding sex and sex offences. For the purposes of this study, a new tool was structured and validated that examines attitudes toward 11 spheres of life connected with the research topic, such as the status of men and the victim's responsibility for rape. The principal findings show significant differences in the norms and values of the surveyed groups, reflecting negative norms among Ukrainian youth. Results are examined in light of the possible implications for understanding the phenomenon of sexual violence among immigrant youth from the former USSR and the appropriate methods for treating them in Israel. The discussion highlights possible implications for other countries that face similar issues.     

USING EXTERNSHIPS TO INTRODUCE FAMILY LAW STUDENTS TO NEW PROFESSIONAL ROLES

Law schools are seeking ways to familiarize family law students with exciting new professional roles arising in connection with family court reform. This article describes the family law externship program at William Mitchell College of Law which includes a classroom component allowing students placed in different practice settings to compare and contrast their experiences. The program assists students in making career choices and enhances their ability to counsel future clients.     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

Part one: Turnitin and the perils of entering the evil house of cheat at cheathouse.com

Abstract

Plagiarism is one of the most serious offences in the academic world. It has occurred as long as there have been teachers and students, but the recent growth of the Internet has made the problem much worse. Recent studies indicate that approximately 30% of all students may be plagiarising on every written assignment they complete. The “information technology revolution” is almost always presented as having cataclysmic consequences for education. In post‐secondary circles, perhaps the most commonly apprehended cataclysm is “Internet plagiarism”. Academics at all British universities and colleges can now test students’ work for cheating using the anti‐plagiarism program Turnitin. The program, run by the Joint Information Systems Committee and thought to be the first national system of its kind, offers free advice and a plagiarism detection service to all further education institutions in the UK. This article will try to: first, define exactly what plagiarism is; second, give examples and reports on samples of the new plagiarism detection software; and finally suggest strategies that lecturers can use before turning to the new software.     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

Displaying the Law: A Cross-disciplinary Learning Experiment Using the Internet and Multimedia Technology

The law is increasingly being displayed to its practitioners and subjects in new forms and through new media. Some of this technological change simply permits easier access to information and faster recording processes. However students are at the forefront of the attempt to provide new ways of representing legal dilemmas, problems and issues. How do students imagine and represent the law? This paper describes an experiment in which undergraduate students from quite different backgrounds examined topical legal issues and presented reports in visual form, choosing between three formats: CD-ROMs, videos and web pages. Participants came from two universities in Victoria; students from Victoria University were multimedia students, students from the University of Melbourne were criminology research methods students. They formed small teams, pooling their skills to carry out research projects on aspects of the law, including busking, football violence and how images of blood should be shown on film or TV. This article reviews the lessons of this collaborative exercise for understandings of the law.