Linking Climate Litigation and Human Rights

Human activities since the beginning of the industrial age have produced emissions that are accelerating natural forces and changing the global climate. The expected impacts on sea levels, temperature, precipitation and storm intensity will stress many human communities and, in many cases, will threaten basic human rights. Climate litigation provides one tool that can be used to shape climate policy and to seek redress from climate-related injuries. This article explores the advantages and disadvantages of linking climate litigation and human rights in order to find effective strategies for protecting those most vulnerable to threats to well-being created by climate change.     

因链接引出的法律问题

在飞速发展的互联网世界里,即使最简单的交易也会涉及复杂的法律关系,并可带来无法预知的后果.链接,是互联网所涉及的各种服务中发展最快的一种,上网者只需轻点鼠标,即可访问另一个网站.有人将链接比喻为网络的"支柱",认为它是互联网的价值所在,链接将网上的相关内容连成一体,最大程度地发挥了互联网对信息的传递功能.它将以前处于无序、随意状态下的网络世界,转变成了一个有规律、系统的信息世界.网络的力量就在于它可以使浏览者快速地连接相关内容、网页或网站.     

Against Prevention? A Response to Harcourt's Against Prediction on Actuarial and Clinical Predictions and the Faults of Incapacitation

This article reviews Bernard Harcourt's Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age (2007), in which he criticizes the use of actuarial prediction methods in the contexts of policing and sentencing. I focus on the latter context. I argue that Harcourt has identified an important, and not exclusively American, trend and develops a valid critique of it that should be pushed further. From a theory of punishment perspective, I argue that Harcourt's critique is no less applicable to clinical prediction methods than to the use of actuarial ones. Harcourt's arguments, however, beg a more general explanation of the flaws of incapacitation as a justification for punishment. If we base our objection to the use of prediction methods on such larger grounds, questions arise as to the legitimacy of other practices that are not considered punitive but rather "regulatory" or "preventive."     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.     

Linking technological and educational level diversities to innovation performance

In this study, we explore the extent to which diversity of educational levels among research scientists and engineers (RSEs) in the context of a firm’s level of technological diversity influences innovation performance. We used data from the 2004–2008 National R&D Survey in Singapore. The results from 366 firms across different industries indicate that when a firm’s technological domains are heterogeneous, those firms with an RSE workforce comprising similar educational levels have positive innovation performance, measured as the number of patent applications, while those comprising diverse educational levels have negative innovation performance. Our further exploration of the positive interaction between technological domain heterogeneity and similarity of educational levels suggests that firms that had a high ratio of RSEs with lower educational levels had more positive patent outcomes compared to those that had a high ratio of RSEs with higher educational levels. The results show that there are limits to the strength of technological diversity in a firm’s absorptive capacity as explained by organizational demography.     

Linking industrial modernization evaluation with state policy-making

This paper discusses the role of modernization programs in the context of state economic development strategy. It argues that state governments will view modernization dollars as one element of overall economic development expenditures. Thus, it is important for modernization programs not just to show that they impact firm-level change, but also to show how much they add to gross state product, job creation, and wages compared to competing expenditures for state dollars. *** DIRECT SUPPORT *** A2974031 00005     

Managing North Sea Pollution Effectively:Linking International and Domestic Institutions

Most pollution problems arise as by-products of domestic activity. The effectiveness of international environmental regimes thus depends on the operations of domestic political and administrative institutions. However, the study of regime effectiveness tends to overlook the operation of domestic institutions as well as the interests and preferences of sub-national non-state actors. In this article, a framework for combining the study of regime effectiveness with domestic institutions and actors is initially presented. The merits of this framework within the context of the North Sea regime is then explored. The article concludes that the effectiveness of this regime depends on the operation of both international and domestic institutions. Of particular importance are those sub-national actors actually causing the problem in the first place as well as domestic institutions influencing the behaviour of target groups.     

Linking EU climate and energy policies: policy-making,implementation and reform

This contribution examines the EU’s innovative climate and energy package: how this package of binding policies has been initiated, decided, implemented and reformed. The key argument is that linking climate and energy concerns can help to explain how the EU managed to adopt an ambitious package of policies aimed at achieving 2020 goals. The combination of differently valued issues, side payments to overcome distributional obstacles and the creation of synergies contributed to a successfully negotiated outcome. The consequences for implementation and further policy development towards 2030 are explained by challenges in reproducing these joint EU-level gains at national level and by new circumstances. This may weaken the EU’s chances of realizing a low-carbon economy and ‘leadership by example’ in international climate policy.     

网络链接中的知识产权问题研究

网络链接作为一种新技术,引发了一些法律层面的思考,由于链接的技术特性．使得这些法律的争议集中在了版权、商标权和反不正当竞争等知识产权问题上,撰写此文的目的就是为了阐述这些与链接有关的知识产权问题。     

无电缆协调控制在绿波控制中的应用

无电缆协调控制是干线协调控制方式的一种,作为城市道路交通控制系统中的重要组成部分,在缓解城市主干道拥堵方面,起到积极有效的作用并被广泛使用.本文通过干线协调控制基本理论,介绍如何通过无电缆协调控制方式实现干线单向绿波带控制,确定相邻交叉口间的相位差、设计车速等参数,以及需要注意的相关问题,通过具体应用案例给出如何设计及实现城市主干道绿波带控制.     

Linking innovation,productivity, and competitiveness: implications for policy and practice

A country’s competitiveness is a complex concept that has been widely studied from different perspectives. Given that the competitive performance depends on the formation of intellectual capital and society’s capacity to innovate, economic research has identified innovation and productivity as key engines for the increase of competitiveness. There are several alternatives approaches for measuring innovation, productivity, and competitiveness. These approaches lead to different assessments, since there is no universally accepted definition and measuring technique of the aforementioned concepts. Moreover, these definitions appear to have several overlaps and this complicates the analysis of their relations. The aim of this paper is to present a methodological framework for studying the dynamic linkage among innovation, productivity, and competitiveness and explore the implications for policy and practice. For each one of these measures, an overall score is estimated, using a regression-based model that follows the principles of multi-objective mathematical programming. For the purpose of the analysis, a database containing a set of 25 indicators for 19 countries for the period 1998–2008 has been developed. The most important results include a series of contour maps and gap analysis diagrams that illustrate the evolution of the overall innovation, productivity, and competitiveness indices and compare the performance of the examined countries. These results show that, by average, there are no significant gaps among innovation, productivity, and competitiveness, although several variations may be found for particular countries. The motivation for this research from a policy and management perspective, is to explore whether, how and why certain combinations of competitiveness, productivity and innovation levels for a given country as well as across countries reveal any particular set of intrinsic strengths or weaknesses as well as more effective entry points regarding public sector (policy) interventions. A systematic profiling and comparison of competitiveness, productivity and innovation competence levels may reveal guidelines and insights for private sector (management) choices and initiatives as well.     

Linking early ADHD to adolescent and early adult outcomes among African Americans

Purpose

The purpose of this study is to propose a mediational model for the mechanisms through which a diagnosis of Attention-Deficit/Hyperactivity Disorder between the ages of 10 and 12 predicts positive and negative early adult outcomes for African Americans.

Methods

The study sample (n = 211) was drawn from the Des Moines, Iowa subsample of the Family and Community Health Study. Participants were first assessed between the ages of 10 and 12, again between the ages of 12 and 18, and finally at 18 to 23.

Results

Findings indicate that a diagnosis of ADHD before age 13 indirectly predicted subsequent exclusionary school discipline and juvenile arrest in adolescence, and both arrests and educational attainment in young adulthood.

Conclusions

These findings offer support for the School to Prison Pipeline model, showing that for some African American children, a childhood diagnosis of ADHD can lead to negative school experiences that result in harsh school-based discipline, which in turn open the door to justice system involvement spanning several developmental stages.     

论预防与惩治

一、从惩治到预防 :刑事政策的思想变革刑事政策的核心在于如何解决犯罪问题。在刑事政策的发展史上 ,根据其内容选择和应对犯罪的措施 ,大体上可分为古典刑事政策、近代刑事政策和现代综合刑事政策。(一 )惩治 :古典刑事政策的基本旋律刑事政策的萌芽可以溯源到贝卡里亚和边沁。前者在其代表作《论犯罪与刑罚》中确认了刑罚的目的在于阻止罪犯重新犯罪并警戒其他人不要重蹈覆辙。这就是我们现今所归纳的特殊预防和一般预防的刑罚目的。边沁则认为 ,立法的根本目的在于“增进最大多数人的最大幸福” ,即趋乐避苦。古典刑事政策理论认为 ,行…     

职务犯罪情况分析及预防对策——以上海闵行区为例

当前,我国正处于经济体制变革之中,由计划经济向市场经济的转变是一个长期的过程,围绕社会主义市场经济体系的法律框架虽已初步形成,但“市场经济就是法制经济”尚未真正成为公职人员的行为理念。职务犯罪是最严重的社会腐败现象,其行为直接侵犯了国家机关的正常管理活动和公职人员职务行为的廉洁性,损害国家和人民的利益,影响社会稳定,阻碍经济发展,破坏法律统一实施,毒化社会风气,危害极大,已成为当前社会生活中的突出问题。本文拟对2004年7月以来上海闵行区职务犯罪情况进行分析:     

Differentiating and Linking Politics and Adjudication—The Example of European Electricity Policy

The paper analyses how politics and adjudication answer similar questions in the context of policy-making. It contrasts how societal problems are selected, defined, solved and legitimised by both disciplines. We raise these questions in regard to the liberalization of the European Electricity markets. We reconstruct the decision-making process at the political and adjudicative arena taking place in this policy area. By so doing, we elaborate the differences and establish the links between politics and adjudication. We argue that what differentiates these two disciplines constitutes their very links; that is, the adjudicative and political arena are linked precisely because they are different at various level.     

条件预防还是动机预防——日本预防青少年犯罪的成就与启示

社会相对稳定,政治相对清明,经济发展平稳,家庭伦理教育与学校教育的成功和高效的刑事司法制度,社会环境的净化,促成了日本社会低犯罪率的成就。日本的经验使我们必要对犯罪预防中的条件预防与动机预防进行评估。犯罪是多因的,因此,应当综合治理。从动机预防和条件预防两个方面做好犯罪预防工作。     

History, Race, and Prediction: Comments on Harcourt's Against Prediction

This article reviews Bernard Harcourt's Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age (2007). It places the rise of actuarialism in criminal law in the United States in the context of trends in other areas of law, as well as in penology. It further suggests that this move toward actuarial thinking cannot in fact be separated from race; that prediction has always involved racial profiling, and that it is no accident that it does so .