“There is no end to relationship among the indians”

This article presents an overview of the Ojibwa family over the past three centuries, from early European contacts to the present. It emphasizes the extent to which Ojibwa familial relations have long been embedded in extensive networks of kin that played major roles in the family lives of individuals of all ages. The article traces the effects of historical change on the Ojibwa family and examines continuity within Ojibwa kinship relations. The changes of the last century have taken a heavy toll on these relationships, yet, where they persist or are being revived, they are sources of strength and renewal.     

Women in Science: Racial and Ethnic Differences and the Differences They Make

Often the term “women” is assumed to include women of color in the same way as the terms “African American” and “Hispanic” are assumed to include both women and men. Although women of color and non-Hispanic white women are under represented in the science labor force, the rates of and factors contributing to this under representation differ by race and ethnicity. Consequently, disaggregating data on women in science by race and ethnicity is crucial to capture these differences. Such distinctions are critical to developing effective policy, practice, and programs to increase the participation of women in science.     

Sentencing Female Drug Offenders: Reexamining Racial and Ethnic Disparities

This study analyzes the relationship between race/ethnicity and sentencing outcomes for female drug offenders in Florida. Grounded in the focal concerns perspective, the research examines whether, in the specific case of drug offenders, minority women are treated more harshly than White women. Interaction models are estimated to determine the influence of drug offense type on racial and ethnic sentencing disparities. Differences in sentencing outcomes are also examined following significant policy changes in the state. In general, the findings suggest that minority female drug offenders are disadvantaged at both the incarceration and sentence length decisions. It also appears that perceptions of dangerousness associated with female offenders' race/ethnicity and offense are incorporated into sentencing authorities' patterned responses. That is, the level of disparity between Black, Hispanic, and White females is conditioned by type of drug offense in the interaction models. The changes in sentencing policy also impact the role of race and ethnicity in sentencing decisions. By analyzing drug offenders exclusively, the current study clarifies the role of race in sentencing decisions for females. In contrast to prior research that examined all offense categories together, the current study suggests that for drug offenses, minority females may, in fact, be deemed more dangerous and culpable than White female drug offenders.     

Racial and Ethnic Differences in the Likelihood of Marriage: The Effect of Incarceration

Researchers have highlighted the importance of marriage when studying variation in deviance over the life course, but few studies have examined the effect that incarceration has on marriage or have considered variation by race and ethnicity. Using data from the National Longitudinal Survey of Youth (NLSY), this study contrasts the effect of incarceration on the likelihood of marriage for White, Black, and Hispanic males. Incarceration reduced the chances of marriage for all men, but had a significantly stronger effect on the marital outcomes for Whites. Although Whites were most likely to be married overall, incarceration was associated with a 59 percent decline in the odds of marriage for Whites, and the odds of marriage decreased 30 percent for Blacks and 41 percent for Hispanics. The association was maintained even after controlling for time‐varying life‐course events and static individual‐level factors. This research has important implications for the study of the incarceration and the consequences it can have for spouses, families, and communities.     

Racial Inequality,Ethnic Inequality,and the System Involvement of At-Risk Youth: Implications for the Racial Invariance and Latino Paradox Theses

Drawing from the inequality and crime, racial invariance, and Latino paradox literatures, the effects of inequality on youth reoffending are examined. Specifically, hierarchical logistic regression models are estimated to determine: (1) whether racial and ethnic inequality have similar contextual effects on the continued delinquent behavior of at-risk youth and (2) whether these effects are specific to black or Latino/a youth residing in Maricopa County, Arizona (N = 13,138). Findings suggest that racial inequality increases reoffending while ethnic inequality decreases reoffending. Additionally, Latino/a youth are less likely to reoffend in areas characterized by high income and racial inequality. Structural theories of crime should continue to account for the importance of culture and the resilient responses employed by Latinos/as living in criminogenic environments.     

“There is no end to relationship among the indians”: Ojibwa Families and Kinship in Historical Perspective

This article presents an overview of the Ojibwa family over the past three centuries, from early European contacts to the present. It emphasizes the extent to which Ojibwa familial relations have long been embedded in extensive networks of kin that played major roles in the family lives of individuals of all ages. The article traces the effects of historical change on the Ojibwa family and examines continuity within Ojibwa kinship relations. The changes of the last century have taken a heavy toll on these relationships, yet, where they persist or are being revived, they are sources of strength and renewal.     

Reformulating the Buddhist Free Will Problem: Why There can be no Definitive Solution

In recent years, scholars have become increasingly interested in reconstructing a Buddhist stance on the free will problem. Since then, Buddhism has been variously described as implicitly hard determinist, paleo-compatibilist, neo-compatibilist and libertarian. Some scholars, however, question the legitimacy of Buddhist free will theorizing, arguing that Buddhism does not share sufficiently many presuppositions required to articulate the problem. This paper argues that, though Buddhist and Western versions of the free will problem are not perfectly isomorphic, a problem analogous to that expressed in Western philosophy emerges within the Buddhist framework. This analogous problem concerns the difficulty of explaining karmic responsibility in a world governed by dependent origination. This paper seeks to reconstruct an approach to free will consistent with Madhyamaka philosophy and, in so doing, to demonstrate that the mutual exclusivity of positions such as hard determinism and libertarianism is, from the Madhyamaka perspective, merely superficial. By building on the perspectivalist theory advanced by Daniel Breyer, it is clear that a Madhyamaka stance on free will demands the wholesale abandonment of perspectives, such that the idea of any one solution as definitive is disavowed. Taken to its logical conclusion, therefore, perspectivalism entails the relative truth of perspectivalism itself.     

Racial Disproportionality in U.S. State Prisons: Accounting for the Effects of Racial and Ethnic Differences in Criminal Involvement,Arrests, Sentencing,and Time Served

Objectives

An important indicator of discrimination in the criminal justice system is the degree to which race differences in arrest account for racial disproportionality in prisons (“accountability”). A recent National Academy of Sciences (NAS) study raised concerns by reporting low and declining estimates of accountability. Our improved measure accounts for unreported Hispanic arrestees. We measure accountability at intermediate stages, including commitments to prison and time served. We also use victim reports to extend accountability from arrest to differential involvement in violent crimes.

Methods

Our methods utilize information on self-reported racial identity of Hispanic prisoners to provide more accurate comparison with the race of arrestees. We also assess accountability for 42 individual states and 4 regions.

Results

Our national estimate of accountability is close to previous estimates and much higher than those in the NAS report. Accountability is high for the serious violent crimes of murder and rape, and low for drug trafficking, drug possession, weapons, and aggravated assault, which involve more discretion in arrest, labeling and charging.

Conclusions

Our more accurate accountability results contradict the NAS report of low and declining accountability. Regional accountability estimates show no consistently stronger or weaker region. We also show a corrected national estimate of the ratio of black-to-white incarceration-rates has dropped from 6.8 in 1990 to 4.7 in 2011, an important correction to concerns of increasing discrimination. Reports of offenders’ race by victims and arrestees’ race are found to be close, supporting use of arrest as an indicator of involvement in violent crimes.

     

行政组织法基本范畴与新课题

行政组织法是宪法和行政法的重要内容之一。一般认为,现代意义的行政组织,是指行使国家行政职权、管理公共事务的行政机关以及其他行使行政职权的组织的总体。行政组织与行政机关、行政机构、行政主体含义不同,行政组织授权与法律法规授权,行政主体与行政执法主体等基本范畴也需要梳理和辨析。行政组织法对于配置职能权限、规范机构设置和编制、依法保障公民合法权益所起的重要作用已日益为人们所认识,对行政组织法的研究,也应引起重视。     

Review of Christopher Fynsk: Language and Relation: ... That There is Language

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The Use of Nonhuman Animals in Biomedical Research: Necessity and Justification

Discourse about the use of animals in biomedical research usually focuses on two issues: its empirical and moral use. The empirical issue asks whether the use of nonhumans in experiments is required in order to get data. The moral issue asks whether the use of nonhumans can be defended as matter of ethical theory. Although the use of animals in research may involve a plausible necessity claim, no moral justification exists for using nonhumans in situations in which we would not use humans.     

What There is Left and How It Works: Ancient Rhetoric and the Semiotics of Law

The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it may help to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation.     

The Bar Examination and the Dream Deferred: A Critical Analysis of the MBE, Social Closure, and Racial and Ethnic Stratification

In this article, the author applies social closure theory to help explain why more than a dozen states have recently enacted more stringent bar exam passing standards and why others are considering similar changes. While higher standards are usually advocated as a way to protect the public from lower student "quality," the author applies social closure theory and argues that changes in passing standards are a response to a perceived oversupply of lawyers, especially among solo practitioners. In the 1990s, crowding among solo practitioners reached record levels, and real earnings eroded substantially. The author then links this labor market analysis to a critical examination of the knowledge claims that justify the bar exam to the legal profession and the public at large. The article's conclusion is that the psychometric research sponsored by the National Conference of Bar Examiners consistently minimizes and obscures the disparate impact and unfairness of the bar exam for people of color.     

The Politics of Racial Disparity Reform: Racial Inequality and Criminal Justice Policymaking in the States

Racial inequalities in criminal justice are pressing problems for policymakers. Prior literature suggests elected officials promulgate punitive, racially disparate criminal justice policies due to partisanship and racial fears, but scholarship has yet to explain how and why elected officials address racial problems in criminal processing. This article introduces the framework of racial disparity reform policymaking. A racial disparity reform is a policy that seeks to reduce distinctions in criminal justice institutions’ treatment of racial groups. Elected officials pursue these policies due to ideological beliefs in civil rights ideals and political interests in appearing to solve social problems. Using an original database of policy enactments, this article first presents the distribution and types of reform measures adopted by elected officials in all 50 states between 1998 and 2011. It then examines social and political explanations for when state legislatures and executives adopt racial disparity reforms. Policy enactment is predicted by worsening problems of racial disproportion in criminal processing, Democratic control of elected branches, and the absence of judicial efforts to improve racial fairness within a state’s criminal justice system. Similar dynamics encourage the development of different measures types within policies. Such ideological and problem-solving explanations for racial disparity reform show a potential for elected officials to forge more racially just criminal justice practices.     

我国土地使用权收回类型化研究

土地使用权收回,是我国土地法律体系中一个独特且复杂的概念。目前,无论是行政法学界还是民法学界,对于土地使用权收回的理论基础、种类、性质和适用条件等都缺乏足够关注。通过对我国现行法律和行政、司法实务的梳理发现,客观上存在着"公法上的收回"和"私法上的收回"两种性质不同的土地使用权收回。其中,公法上的收回又可分为征收性收回、处罚性收回、确权性收回三类;私法上的收回又可分为契约性收回和身份性收回两类。不同性质和种类的土地使用权收回生成的理论背景不同,适用条件和范围各不相同,是否补偿和救济途径也有所差异,这些皆需在修改土地管理法等相关法律法规过程中加以明确和细化。