WHERE IS THE VILLAGE GOING? MAINTAINING AND INCLUDING CULTURAL STRENGTHS TO PROTECT CHILDREN ORPHANED IN KENYA

This article is the result of a master's thesis about children and their universal right to be included in a family environment. This is not only protected under international law, but also intuitive to human beings. HIV‐AIDS continues to threaten lives of children, particularly in sub‐Saharan Africa in the form of orphaning. Looking at a case study from Kenya, it is revealed that, while legal protection is yet to be fully realized in the state, strong cultural norms of value are alive. Currently, the extended family system is the greatest protection to children orphaned or at risk of being orphaned. However, this system was made invisible in the domestic laws of Kenya under the Children Act 2001. This neglect calls for questions not only regarding the protection cultural norms may offer, according to the best interests of children, but also as to the cultural environment being created with the new law.     

GOING TO COURT AS A LAST RESORT: ESTABLISHING A DUTY FOR ATTORNEYS IN DIVORCE PROCEEDINGS TO DISCUSS ALTERNATIVE DISPUTE RESOLUTION WITH THEIR CLIENTS

This Note advocates for the creation of a uniform ethical requirement that all attorneys in divorce proceedings involving children inform their clients about alternative dispute resolution (ADR), particularly mediation and collaborative law. By emphasizing cooperation and negotiation among the divorcing parents, both mediation and collaborative law offer these would-be litigants the opportunity to move forward with their parental duties long after the divorce is finalized. Using the ABA Model Rules of Professional Conduct as a template, this ethical requirement will ensure that clients are fully informed of the availability of ADR and of the chance to forgo potentially unnecessary litigation. Ultimately, the implementation of an ethical requirement holds the potential to minimize the impact of divorce on children by facilitating the process of moving forward for the family as a whole.     

Juvenile Justice in Pennsylvania: Mission‐Driven; Performance‐ Based; Outcome‐Focused

Since 1995, Pennsylvania's Balanced and Restorative Justice Mission has been the driving force behind Pennsylvania's reform and system improvement efforts. Pennsylvania has made strong and steady progress towards advancing this statutory mission and the related operational goals through policy, practice and programmatic enhancements over these past 20+ plus years. Three key events spurred forth this advancement: the legislative passage of Act 33 in 1995 that statutorily established the goals of Balanced and Restorative Justice (BARJ), the Models for Change Juvenile Justice Reform Initiative–Additional Reform Momentum (2004) and the Juvenile Justice System Enhancement Strategy–Evidence‐based Approach to the Reforms (2010).What follows is the story of how it all unfolded.     

<Emphasis Type="Italic">Karl Korinek</Emphasis> – der Verfassungsrichter

Der Beitrag schildert aus Anlass seines 70. Geburtstages die gro?en Verdienste, die sich Karl Korinek um die ?sterreichische Verfassungsgerichtsbarkeit im Allgemeinen sowie als Pr?sident des VfGH im Besonderen erworben hat.     

The relationship between crime and “objective” versus “subjective” strains

Agnew's (2001, 2006) general strain theory makes a distinction between “objective” strains, which refer to events and conditions which are disliked by most people in a given group, and “subjective” strains, which refer to events and conditions which are disliked by the people who have experienced them. Agnew argues that there is only partial overlap between objective and subjective strains, since many people do not subjectively evaluate the objective strains they experience in a negative manner. Further, Agnew argues that subjective strains should be more strongly associated with crime, since they are more likely to generate the negative emotions that lead to crime. This article tests Agnew's arguments with data from a sample of Italian youth. The results provide some support for Agnew, suggesting that many people do not evaluate the objective strains they experience in a negative manner and that subjective strains are more strongly associated with crime than are objective strains. These findings have important implications for the research on general strain theory.     

BETWEEN PROPORTIONALITY & IMPUNITY: Confrontation⇒ Truth⇒ Prevention

The ideal of punishment proportionate to wrongdoing creates a criminal justice system that deters prevention. An alternative ideal is that crime should always be confronted with a presumption for mercy that is conditional upon participation in a truth-seeking process that identifies paths to prevention. Informally rewarding reconciliation and prevention is the basis of a more compelling rational choice account of crime control than proportionate formal punishment. A rational and emotionally intelligent criminal justice system might look something like the airline safety system.     

Vertretung einer "Vorpartei"

Hat eine politische Partei durch Hinterlegung ihrer Satzung beim BMI gem § 1 Abs 4 Parteiengesetz Rechtspers?nlichkeit erlangt, sind aber in diesem Zeitpunkt die organschaftlichen Vertreter entsprechend den in der Satzung vorgesehenen Organen noch nicht bestellt, so vertreten bis zur Bestellung der organschaftlichen Vertreter in analoger Anwendung von § 2 Abs 2 Satz 2 VerG 2002 die Gründer gemeinsam die politische Partei.