REVIEWS: IS IT SIMPLE TO BE A MARXIST IN LEGAL ANTHROPOLOGY?1

Book reviewed in this article: Law and Economic Organization : A Comparative Study of Preindustrial Societies Marital Violence : The Community Response . By Margaret Borkowski , Mervyn Murch and Val Walker International Maritime Law Conventions . By Nagendra Singh F. E. Smith —First Earl of Birkenhead . By John Campbell     

SHOULD PREMARITAL COUNSELING BE MANDATORY AS A REQUISITE TO OBTAINING A MARRIAGE LICENSE?

Despite the fundamental importance of marriage in forming the foundation of family and society, divorce in the United States has become a common occurrence with disruptive consequences immediately affecting the children, the family, and society at large. The state therefore has a strong and legitimate interest in strengthening marriage by mandating premarital counseling for all couples contemplating marriage. Premarital counseling is a program that offers the necessary guidance to assist couples in evaluating their readiness to enter marriage, and allows couples to enter marriage with greater understanding and certainty. As a result, mandatory premarital counseling will promote stability in the marital and family relationship and help to reduce marital discord.     

LEARNING TO BE BAD: ADVERSE SOCIAL CONDITIONS,SOCIAL SCHEMAS,AND CRIME*

In this article, we develop and test a new approach to explain the link between social factors and individual offending. We argue that seemingly disparate family, peer, and community conditions lead to crime because the lessons communicated by these events are similar and promote social schemas involving a hostile view of people and relationships, a preference for immediate rewards, and a cynical view of conventional norms. Furthermore, we posit that these three schemas are interconnected and combine to form a criminogenic knowledge structure that results in situational interpretations legitimating criminal behavior. Structural equation modeling with a sample of roughly 700 African American teens provided strong support for the model. The findings indicated that persistent exposure to adverse conditions such as community crime, discrimination, harsh parenting, deviant peers, and low neighborhood collective efficacy increased commitment to the three social schemas. The three schemas were highly intercorrelated and combined to form a latent construct that strongly predicted increases in crime. Furthermore, in large measure, the effect of the various adverse conditions on increases in crime was indirect through their impact on this latent construct. We discuss the extent to which the social‐schematic model presented in this article might be used to integrate concepts and findings from several major theories of criminal behavior.     

善意取得仅仅适用于动产物权吗?一种功能主义的视角

一、引言:问题及其分析主线(一)问题的提出:善意取得仅仅适用于动产物权吗?“善意取得”是一项比较奇妙的民法制度,即使我国民事法律至今尚未明确认可它的现实存在,但司法实务界对此并不感陌生,就我接触过的数百位民事审判法官和律师——他\她们大都有法科学生经历或者受过专门法律培训教育——而言,不知该名词及其大致含义者寥寥无几,这可能要归功于我国民法学理对其正当性的认可,从而给实务界人士提供了相应的智识营养。     

RAISING THE BAR: WHY SUPERVISED VISITATION PROVIDERS SHOULD BE REQUIRED TO MEET STANDARDS FOR SERVICE PROVISION

The New York Society for the Prevention of Cruelty to Children (NYSPCC) has provided a supervised visitation program (SVP) for high‐risk families for almost two decades. Parents needing supervised visitation often have histories of domestic violence, child abuse and neglect, mental illness or substance abuse, therefore providers delivering services must be adequately trained and supervised in order to protect the child from further harm during the visitation process. This article describes the need for SVP's, parental issues warranting consideration, the special needs of children in these circumstances, policy recommendations for provider standards, and a certification process to be developed and adopted in New York State.     

NEED TO BE HEARD: INCREASING CHILD PARTICIPATION IN PROTECTION MEDIATION THROUGH THE IMPLEMENTATION OF MODEL STANDARDS*

There are more than three million reports of abuse and neglect each year. Some children may enter the court system while others will voluntarily or by court order enter a mediation program. What these children have in common is these youths are often removed from their home and placed in foster or institutional care without ever expressing their wishes or concerns. This Note advocates for the adoption of model standards drafted to ensure universal and meaningful child participation. The Model Standards are set forth in detail and accompanied by useful tips on their implementation. Through the course of this Note, the benefits of child participation are outlined, as are the reasons most often given for denying children the opportunity to meaningfully participate. The Note concludes with an explanation of how the benefits derived from implementing these standards far outweigh any potential negative side effects.     

WHEN IT'S GOOD TO BE “BAD”: VIOLENCE AND ADOLESCENT PEER ACCEPTANCE*

This article examines the relationship between adolescent violence and peer acceptance in school. Deriving hypotheses from subcultural theories of crime and violence, it tests whether the violence–status relationship varies across sociodemographic characteristics and educational contexts of students. Analyses of school network data collected from the National Longitudinal Study of Adolescent Health suggest that violence generally holds a negative relationship to peer friendship nominations for both males and females. However, for males, this effect varies by the educational standing of the students. Violence shows a modest positive association to peer acceptance for males who perform poorly in school. No evidence exists that race moderates the violence –status relationship. These findings are replicated in longitudinal analyses of a large metropolitan high school. For females, violence has a significant negative relationship to peer status that does not vary by individual characteristics. However, school levels of violence moderate the relationship between social status and female violence such that violent females have greater numbers of friendships in highly violent schools. The implications of these findings for peer research and delinquency theory are discussed.     

DEMEANOR OR CRIME? WHY “HOSTILE” CITIZENS ARE MORE LIKELY TO BE ARRESTED*

It is a criminological axiom that displays of hostility by citizens towards police officers directly increase the odds of arrest in police-citizen encounters. This axiom rests on nearly three decades of observational research of interactions between police officers and citizens. Two features of this work, however, raise questions about the validity of findings that citizen demeanor independently affects police arrest decisions. First, although demeanor is conceptually defined as legally permissible behavior, measures of demeanor often include criminal conduct. Second, criminal conduct is not controlled adequately when the effects of demeanor on arrest are estimated. In an analysis employing a demeanor measure that does not confound crime and that controls for crime more comprehensively, it is found that displays of hostility which violate no laws do not increase the likelihood of arrest in and of themselves. The implications of this finding are discussed.     

LET'S GO TO THE VIDEOTAPE: WHY THE FORENSIC INTERVIEWS OF CHILDREN IN CHILD PROTECTIVE CASES SHOULD BE VIDEO RECORDED*

Child sexual abuse is often difficult to prove due to a lack of physical evidence. In many instances, the only evidence is a child's statement given during a forensic interview. Forensic interviews are conducted to assess whether the child has been abused, to develop a plan to protect a child's safety pending trial, and to provide further investigative leads. Note taking by the interviewer is currently the primary method for documenting what takes place in a forensic interview. Research shows that this form of documentation is problematic because interviewers tend to omit abuse‐related details in their notes. This Note suggests that federal law should require that forensic interviews of children in child sexual abuse cases be video recorded. State law can provide for a policy of video recording even in the absence of a federal law mandate. Video recording would better preserve the child's statements thereby improving the reliability of the information that is obtained during forensic interviews. The child's demeanor would also be fully captured on video as opposed to getting lost in an interviewer's notes.     

WHEN PARENTS CAN CHOOSE TO HAVE THE “PERFECT” CHILD: WHY FERTILITY CLINICS SHOULD BE REQUIRED TO REPORT PREIMPLANTATION GENETIC DIAGNOSIS DATA

Preimplantation Genetic Diagnosis (PGD) is a procedure used to screen embryos for certain genetic conditions before implantation via in vitro fertilization (IVF) so the desired embryos can be chosen for implantation. The procedure was originally used to prevent the birth of children with deadly genetic disorders, but it is now used for more controversial reasons, such as to select for sex. Limited information is available regarding how PGD is used in the United States and there are many ethical concerns surrounding the practice of PGD, most notably that it could lead to the creation of designer babies and eugenic practices. This Note proposes amending a federal act to require fertility clinics to report PGD data through an existing web‐based system. This data can then be used by policymakers to federally regulate PGD practices.