IS THE TURN TOWARD COLLABORATIVE LAW A TURN AWAY FROM JUSTICE?

The new trend in Collaborative Family Law (CFL) in the United States and Canada raises new questions about theories of justice. CFL achieves many of the goals of a viable theory of justice and its implicit critique of the legal system is a valid one. However, it unnecessarily demonizes law and has yet to explicitly articulate where it fits in terms of its own theory of justice. After considering the claims made by CFL, it is apparent that while some are productive, others are problematic and should be discarded. Specifically, CFL's rejection of factual determinacy may be inappropriate in some cases. The CFL approach has the potential to ignore problems of power imbalance, and may sacrifice just outcomes for the sake of efficiency. The emphasis on relationships and the need for their protection is not always an appropriate approach, and in demonizing law in favor of private ordering, CFL unnecessarily rejects the importance of law as a site for public participation in the creation and defense of norms. CFL is an important step forward in law reform, but if it is to fulfill its potential, it needs to incorporate within its practice a theory of justice that avoids the pitfalls of liberal individualism and allows for the public authorship of norms.     

TO BUNDLE OR UNBUNDLE? THAT IS THE QUESTION

A substantial number of parties either represent themselves or are partially represented in family law matters because they are unable to afford traditional full service representation. As this number continues to climb courts are taking a proactive approach in servicing self-represented litigants through self help centers. The following is a judge's perspective on how unbundled legal services assist the self represented and the courts as well as answers to ethical concerns should they arise.     

THEY IS CLOWNING TOUGH: 911 AND THE SOCIAL CONSTRUCTION OF REALITY*

This article examines the interaction of 911 operators with callers. The study is based on 36 hours of participant observation and an in-depth analysis of 265 randomly recorded telephone contacts between citizens and police emergency operators over a 24-hour period. Call processing is only partially explained by the in formation-gathering function of operators. Initial data from callers are used by operators to help the caller and the operator together construct a definition of an event that makes sense organizationally. Thus, the article describes the interpretive work of 911 operators and the consequences of such work for demand processing within police agencies.     

TO RECOMMEND OR NOT TO RECOMMEND: THAT IS NOT THE QUESTION

Tippins and Wittmann provide a cogent argument for custody evaluators not to make recommendations to the court. From their forensic and scientific perspectives, they have identified some important issues, which will certainly stimulate interesting discussion among custody evaluators. In response to their article, it is my view that public sector custody evaluations offer a philosophical and procedural alternative to forensic evaluations. This article proposes that recommendations should be viewed as part of the process of evaluations rather than the outcome. Based on a qualitative and interpretive model, recommendations are judged based on their applicability, transferability, and transparency. Recommendations viewed in qualitative terms provide parents with opportunities to step out of litigation and provide guidance for parents' ongoing roles postseparation.     

THE STATE IS STRONG BUT I AM WEAK: WHY THE IMMINENT LAWLESS ACTION STANDARD SHOULD NOT APPLY TO TARGETED SPEECH THAT THREATENS INDIVIDUALS WITH VIOLENCE

Surely there is a profound difference between inciting to arson by the use of words and inciting to revolution by the use of words. We do not have a ready word for the distinction, yet it is a deep and obvious one.—Harry Kalven, Jr.     

THE INFLUENCE OF DELINQUENT PEERS: WHAT THEY THINK OR WHAT THEY DO?*

Although the association between delinquent friends and delinquent behavior is well established, the mechanism by which delinquency is socially transmitted remains unclear. Sutherlands theory of differential association holds that delinquency is a consequence of attitudes favorable to the violation of the law, attitudes that are acquired through intimate social interaction with peers. An analysis of data from the National Youth Survey indicates that peer attitudes do affect delinquency. But the effect of peers'attitudes is small in comparison to that of peers behavior, and the effect of peers'behavior remains strong even when peers, attitudes and the adolescent's own attitude are controlled. Moreover, when the behavior and attitudes of peers are inconsistent, the behavior of peers appears to outweigh or override the attitudes of peers. These findings suggest that delinquency is not primarily a consequence of attitudes acquired from peers. Rather, it more likely stems from other social learning mechanisms, such as imitation or vicarious reinforcement, or from group pressures to conform.     

THE REFORM OF THE JUDICIAL SYSTEM IN CHINA IS CONFRONTED WITH A CRUCIAL PERIOD OF STRATEGIC OPPORTUNITIES

On November 23, 2014, the Humanities and Social Sciences Forum of China, hosted by Renmin University of China and organized by Renmin Law School, was held in Yifu Conference Room of Renmin University of China. The theme of the forum is “China’s Rule of Law: Move Forward the Modernization of Regulatory Institutions and Regulatory Capacities of China.” The purpose of the forum is to further implement practices according to the spirits of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China and to modernize the country’s regulatory institutions. Professor XIAO Yang, the former Chief Justice of the Supreme People’s Court of China, has delivered a keynote speech on “The Reform of the Judicial System in China Is Confronted with a Crucial Period of Strategic Opportunities.” He stated that currently China was experiencing a complicated and diversified period of transformation and that the rule of law should become a social consensus. To rule the country by law, first and foremost, it is critical to do so according to the Constitution; and to administer the country by law, it is essential to administer according to the Constitution. Good law and governance are the two basic aspects of the rule of law and should have a benign interaction in practice. Additionally, the top-level plans shall first be well-designed based upon the spirits of the Fourth Plenum and the constitutional rules, and then the judicial reforms shall be actively, smoothly, and gradually carried out according to the plans. This has become a new model of legal construction. Moreover, the relations among the various aspects shall be resolved correctly. Those aspects include the judicial systematic reforms and the working institutional reforms, the protection of judicial authority and the enhancement of supervision over governance, the relations among different interest groups from the long-term development perspective, and the systematic and cultural constructions of the law. Finally, he emphasized that the rule of law needed faith and dream and wished to see more young people to inherit the dream of the rule of law.     

THE NEW CRIMINOLOGY IS THE OLD SENTIMENTALITY

The New Criminology is neither new nor criminology, merely sentimental overidentification with the underdog masquerading as science. This sentimentality appeals to students of crime only because criminology has traditionally been sympathetic to the underdog. The hypotheses of discriminatory law enforcement and of white-collar immorality reflect such sympathy. The millenarial hopes of the New Criminology are illusory. That justice is imperfect even in relatively decent societies is no excuse for embracing nihilism or for giving up the attempt to maintain social order.     

探索概率论方法在文件检验中的应用

引用概率理论中乘法法则将每个特征所出现概率(人数)进行运算,通过数字来说明个人书写习惯的总体特殊性.从而使结论更加令人信服.     

IS THE APPROXIMATION RULE IN THE CHILD'S BEST INTERESTS?

In an effort to develop clear and uniform standards for the allocation of custodial responsibility, the American Law Institute has proposed a number of reforms. For example, under the approximation rule, the proportion of time parents spent with their children performing direct caregiving functions prior to the divorce would be reflected in the proportion of custodial time allotted to each parent after divorce. Much of the rationale used to justify the approximation rule is explicitly or implicitly based on attachment theory ( Bowlby, 1969, 1973, 1980 ). This article discusses the assumptions and implications of the approximation rule from the standpoint of attachment theory.