Weekend Warriors and Sun Block: Game Wardens and the Use of Force

While the field of research related to game wardens is growing, there is almost no empirical research related to game wardens and the use of force. This study adds to this virtually non-existent, but important field. The data come from 261 self-reports from the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement from 2002 to 2009. The incidents were analyzed based on following factors: the time of the day, the day of the week, the season of the year, and the activity the suspect was engaged in prior to the contact. The results demonstrated the majority of use of force incidents occurred from 6:01 p.m. to midnight, during Fridays, Saturdays, Sundays or national holidays, during the summer, and when the suspect was participating in a non-hunting or fishing activity. While this research addresses a missing component of the literature, the generalizeability of the findings are limited. Still, additional research is needed in this area before more firm conclusions can be reached.     

The Effects of Rehabilitative Voir Dire on Juror Bias and Decision Making

During voir dire, judges frequently attempt to “rehabilitate” venirepersons who express an inability to be impartial. Venirepersons who agree to ignore their biases and base their verdict on the evidence and the law are eligible for jury service. In Experiment 1, biased and unbiased mock jurors participated in either a standard or rehabilitative voir dire conducted by a judge and watched a trial video. Rehabilitation influenced insanity defense attitudes and perceptions of the defendant’s mental state, and decreased scaled guilt judgments compared to standard questioning. Although rehabilitation is intended to correct for partiality among biased jurors, rehabilitation similarly influenced biased and unbiased jurors. Experiment 2 found that watching rehabilitation did not influence jurors’ perceptions of the judge’s personal beliefs about the case.     

The Game of Probation

The structure, purpose, and procedure of probation, including the relationship between a probationer and a probation officer, are explained and discussed. The game theory model of decision-making and rational choice theory are discussed and applied to the relationship between a probationer and a probation officer as a basis for increasing the probationer’s likelihood of success. Applications and recommendations for both parties officers are discussed.     

视频游戏作品所包含的艺术类著作权

视频游戏是指通过计算机、电视等设备显示的交互式电子游戏。其发展已有30多年的历史,从早期的游戏机游戏、到电视游戏、计算机游戏,目前已发展到多媒体游戏、互动网络游戏的阶段。尽管视频游戏是由计算机程序实现的,但是,视频游戏作品是否就等于软件呢?在国外司法实践中,通常认为视频游戏作品除具有软件著作权外还具有艺术类著作权,并且自相关案例发展出了一系列观点。本文从分析国外案例出发,就视频游戏作品所包含的艺术类著作权进行初步的探讨。一、国外案例分析视频游戏于70年代出现在美国,而美国的《著作     

The Cost of the Game: A Taxonomy of Social Interactions

This paper considers the role of reciprocity rules in various strategic settings. After distinguishing four typical categories of social interaction, the paper examines three forms of reciprocity constraints. An ideal rule of perfect incentive alignment (structural reciprocity) serves as a benchmark for the analysis of a golden rule of reciprocity, characterized by a mechanical linking of one player's strategy to that of the other player; and a silver rule of stochastic reciprocity, characterized by a probabilistic symmetry in the relationship between the players.     

A Game of the Half: The Manageress and the Sex Discrimination Act

As the football industry continues in its struggle to balance its traditional regulations and practices with the demands of domestic and European law it is evident that entrenched attitudes within the game will have to be changed if the industry is to avoid further damaging litigation. One such area is in the appointment of football managers (or head coaches), where the practices of selection seem to contravene the most basic principles of employment law with regard to the Sex Discrimination Acts. This article argues that the appointment of ex professional players as Managers violates the prohibition on indirect sex discrimination, and asserts that being male is not a ``genuine occupational qualification' for the post. The article analyses case studies of football managers to substantiate its claims, and uses interviews carried out with coaches and players in the women's Premier League in order to discuss sex discrimination and the non-appointment of women to one of the most important posts in the football industry in more general terms. This revised version was published online in August 2006 with corrections to the Cover Date.     

Desistance and Legitimacy: The Impact of Offender Notification Meetings on Recidivism among High Risk Offenders

Legitimacy-based approaches to crime prevention assume that individuals will comply with the law when they believe that the law and its agents are legitimate and act in ways that are “fair” and “just.” Currently, legitimacy-based programs are shown to lower aggregate levels of crime; yet, no study has investigated whether such programs influence individual offending. Using quasi-experimental design and survival analyses, this study evaluates the effectiveness of one such program—Chicago’s Project Safe Neighborhoods’ (PSN) Offender Notification Forums—at reducing individual recidivism among a population of returning prisoners. Results suggest that involvement in PSN significantly reduces the risk of subsequent incarceration and is associated with significantly longer intervals that offenders remain on the street and out of prison. As the first study to provide individual-level evidence promoting legitimacy-based interventions on patterns of individual offending, out study suggests these interventions can and do reduce rates of recidivism.     

Procedural Justice and Identification with Virtual Teams: The Moderating Role of Face-to-Face Meetings and Geographical Dispersion

We investigated the previously unstudied relationship between procedural justice and identification within virtual teams, with a particular focus on how two features of virtual teams, namely frequency of face-to-face meetings and geographical dispersion, moderate that relationship. We argue that these two variables are sources of uncertainty, which in turn makes virtual team members more sensitive to perceptions of procedural fairness as essential cues in the identification process. In this study, we used cross-sectional survey methodology and data aggregated to the team level (N = 39). As predicted, our results showed that the link between procedural justice and identification was stronger when there were few face-to-face meetings and when teams were highly dispersed.     

法律中的语言游戏与权力分配

既然法律是对社会资源进行合理配置的一种手段,那么表达法律的语言就足实现这一目标的工具。立法者通过语言,确立了社会资源的分配原则,而语言所表征的分配方式本身,证明着规范的正当性。但是,立法者通过语言对社会权力所做的分配不可能终局性地完成,这一任务必须向后延伸到司法过程中。司法者通过对个案中具体权利的决断与平衡,将立法者对社会权力所做的初次分配现实化、具体化、个别化。所以说,法之正义是由立法者和司法者共同缔造的,在立法者和司法者那里,语言本身都是一种权力。     

The Legal Discourse of the Common Law: A Game of Chess

English law, like any otherspecialized topic, needs a particular languagefor its understanding. The legal discourse ofthe common law gathers a set of theoretical andcustomary mechanisms subject to internal orexternal intrusions into its directions foruse. Two ideas are highlighted: the rigidity ofthe overall regulating structure of the law,and the use of `fuzzy sets' to provideflexibility to legal discourse. This unsteadyor fuzzy discourse production proves thislanguage to be the result of a long and complexhistorical process of socialisation. Theseinteractions of reference and of wordinglegitimate a mode of precise and technicalinstitutional stratification, combining bothconstruction and argumentation.     

In the Mirror: The Legitimation Work of Globalization

This essay examines the legitimation work of globalization by bringing into dialogue the authors' research on immigration, finance, and intercountryadoption. It is concerned with the practices that produce, define, and preclude both movement and connection, such as "naturalizing" some border crossings while criminalizing others; denying the histories and policies that allow some parents to "choose" babies while others must abandon them; and challenging the practices through which small states tweak transnational financial systems while allowing multinational corporations privileges denied small states. Legitimation work (re)configures jurisdictionality, transparency, and sovereignty–the constructs on which debates over globalization's consequences hinge. Examining how these constructs order, include, and exclude persons, goods, and practices sheds light on the boundaries, slippages, and connections between the legitimate and the illegitimate within global processes.     

三网融合博弈真相

＂看上去很美＂的三网融合,由于涉及多方利益纠葛,几近夭折。何时能够＂飞入寻常百姓家＂,现在仍然是未知数     

打击网络犯罪国际规则的博弈与中国方案

现有的打击网络犯罪国际规范包括公约、协定(指令)和示范法三大类,其中公约类规范是网络犯罪国际规则博弈的焦点。欧洲委员会《布达佩斯公约》和俄罗斯提出的《联合国打击网络犯罪合作公约(草案)》虽然各有特点,但是均存在一定不足,难以成为中国参与网络犯罪国际规则制定的理想法律范本。联合国大会第74/247号决议的通过为网络犯罪规则制定提供了新的发展方向,制定全球性网络犯罪国际公约的中国方案应当以联合国为基础平台,尤其是注重发挥新设立的政府间专家委员会的作用,并将坚持主权原则、体现发展中国家的诉求、推动不同国家打击网络犯罪的协作作为核心主张。具体层面,应以倡导网络空间命运共同体、充分体现中国的经验做法、充分体现网络犯罪治理的时代性与前瞻性为指导理念,同时分总则、定罪、执法程序、国际合作、网络犯罪预防和最后条款等部分进行设计。